Fiduciary Question

Discussion in 'General Discussion' started by Dancer, May 20, 2010.

  1. Dancer

    Dancer Newbie

    I'm almost finished with the application packet--whew! What a long process..... Before I mail it, I have a question about the requirements for a fiduciary.... My mom is in the moderate to severe stage of Alzheimers which the Dr has noted on her 21-2680 medical examination report. and I was wondering if I should go ahead and send the 21-4138 stating that I have no issue with the VA finding of incompetence and wishing to proceed with the appointment of a fiduciary and also including a copy of 21-592? OR should I wait until the VA actually asks for those forms? Is there any hope that they would not require a fiduciary...that's probably a silly question since the Dr. said no to the question "does the claimant have the ability to manage her own financial affairs?" The Dr. also noted "due to cognitive impairment, she cannot manage her own affairs." Thought I would get some advice on including these forms with my initial application or not...... thank you.
  2. new57

    new57 Newbie


    When your mom is approved you will get the award packet that says they are going to propose incompentency.

    At that point you send in the 21-4138 with your mothers statement, and also requesting you to be her fiduciary. Follow-up with a phone call to make sure they have it.

    Then wait, and wait, and wait.

    I called last week to see whats up, and basically pension center told me there is a severe backlog of fiduciary interviews, to be patient, and it could be several more months before I hear anything for my father.

    Do not forget form 21-845, to give you the ability to speak with the VA on your mom's behalf.

    Good Luck,

  3. KarenO

    KarenO Jr. Member

    From what I understand, they recently changed the rules so once your mother is approved she can begin getting her monthly check pending the appointment of a fiduciary so that should help.
  4. new57

    new57 Newbie

    oops, I forgot to state what KarenO pointed out.

    They do pay the benefit pending the appointment, except for any back payments, which can range from 1 month to many months.

    The back payments will be released once the Fiduciary has been appointed.
  5. vetadmin

    vetadmin Administrator Staff Member

    Correction on the form it is 21-0845 not (845)

    The have changed the process so the pension does start once approved. There are a limited number of Field Agents who do the interviews for those asking to be appointed as fiduciary, so Eric is correct....wait and wait is part of the process.

    The doctor's assessment is going to be what the VA rules on, so yes you need to be prepared for the process, but hold off as Eric said until you get their ruling on the application.
  6. emce48

    emce48 Newbie

    I am having much the same experiecne. I receved notfiation of approval 5/27/10. Orginal date of receipt was 9/18/09.

    I sent in the 21-4138 with my mothers statement, also requesting myself to be her fiduciary. Follow-up with a phone call today 5/4/10 after receving notifiation that letter was received. Could any one that has similar circustances, Particularly with the Philadelphia office share how long it was once VA office has received 21-438 until the first benifit payment was received?

    Thanks to all
  7. new57

    new57 Newbie

    Since i am in the same situation as you, here is my best guess...

    your June payment (which is payable July 1st) along with any other back payments till Ocotober 2009 will be withheld.

    your July payment (which is payable August 1st) will be released to the direct deposit account you designated.

    all backpayments will be released upon appointment of the fiduciary.

    your award letter should indiciate this, what does it say?

    the fiduciary process will take months. i only have one month of backpayments, so for me no big deal. for others like yourself, its a lot of money. i am waiting three months so far and no contact for the fiduciary interview.

    hope this helps
  8. vetadmin

    vetadmin Administrator Staff Member


    You are correct on all counts and we have nothing to add to this helpful explanation.

    Thank you!
  9. emce48

    emce48 Newbie

    new57 - you were exactly correct. When I got home Friday there was another letter with those exact details

    Debbie - Thank you so much for your invaluble support
  10. vetadmin

    vetadmin Administrator Staff Member

    You're welcome!

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