Fiduciary questions

Discussion in 'Share Your Personal Experience' started by PHXdaughter, Jul 7, 2015.

  1. PHXdaughter

    PHXdaughter Newbie

    Hello, and thanks so much for your assistance with this.

    My folks (both vets) were approved this spring for A&A.

    They have chosen my sister to be my mother's fiduciary. She sent in the paperwork -- first to the wrong address (for pension applications) , and just recently to the correct address (for fiduciary applications).

    It has been a couple of months, and she has heard nothing back.

    She did not include that language I've seen in another forum posting regarding "Please be advised that ... I have no issue with the VA finding of incompetence," etc.

    Can she send in a letter stating that language to the correct fiduciary application address? Would that help speed things along?

    Or, at this point, should she just call the 1-888-407-0144 phone number for the fiduciary program and talk to them about it?

    I was going to begin the process of working on applying for an award of prior year's benefits for my mother, but I want to be sure that the fiduciary is approved and in place before I send that in. My thought is that they might deny it if they see no fiduciary in place. And, of course, there are the benefits from date of application up to the date of approval that my mother is definitely entitled to right now ... which requires a fiduciary before the money is awarded.

    Thank you SO much for your help.
  2. vetadmin

    vetadmin Administrator Staff Member

    Sending two would more than likely cause a delay.

    It can take up to a year to get an appointment with a Field Agent for the interview. If you reach the 6 month mark with no response, I would call and try to get things moved along.

    You can inquire about the Liberalizing Law for the previous 12 months if you think one of them or both qualifies without impacting the Fiduciary process.
  3. PHXdaughter

    PHXdaughter Newbie

  4. Janice

    Janice Newbie


    I am following this thread because I believe I need fiduciary status and need to learn all I can about it. Thanks for your patience.
  5. llwright

    llwright Newbie

    I sent in the statement below and called the Columbia Hub. They received the letter and I was in the system. Two people at the hub told me it would be a good idea if I sent in another letter saying I waive due process of incompetency hearing.
  6. jbygott

    jbygott Newbie

    Thank you all for help. my Dad was approved July 2015 but they say he needed a fiduciary. They attached the 'statement in support of claim' 21-4138 so I filled it out with explanations. I stated I was handling his financial affairs and that he had a bank account I use to take care of his bills. I have not heard anything from them and am worried about the 60 day window. I see nothing more on the form they sent me to fill out. What more should I do?
  7. vetadmin

    vetadmin Administrator Staff Member


    If you did not include the following verbiage waiving your 60 days to respond to their finding, then they are waiting the full 60 days to afford you to do so.

    " Once you receive notification from the VA that they find it necessary for a fiduciary to be appointed you should submit Form 21-4138 and include the following statement:

    Please be advised that (parent's name) and I have no issue with the VA finding of incompetence and wish to proceed with the appointment of a fiduciary. We wish to appoint myself (her/his insert your relationship to the veteran) as fiduciary. I understand that I must be interviewed prior to that appointment and would appreciate such an interview be scheduled as soon as possible.

    At this point both (whoever is asking to be appointed) and the applicant will have to be interviewed by a VA Field Agent who will determine if you are an appropriate person to assign fiduciary to."

    I do however recommend that you call the VA to inquire about the status of you being appointed as Fiduciary. There should have been a form included to be completed allowing your Dad to state that he wants you to be his Fiduciary.

    You do not want the VA appointing themselves as his Fiduciary, so please make that call.
  8. jbygott

    jbygott Newbie

    Thank you for your response. I looked at his checking account and they did deposit his Aug payment on Sept 1st!(?) they say they will release the back payments when a fiduciary is appointed. so since they started depositing does that mean they accept my explanation that I am his fiduciary?
  9. vetadmin

    vetadmin Administrator Staff Member


    Did you complete the form for your Dad stating he wants you to be appointed as his Fiduciary?

    No, you cannot assume unless you/he did this form.

    The back award will not be released until you and he are interviewed by a VA Field Agent. Those appointments can take some time to schedule. The Field Agent is the one who will contact you to set that up.

    Congrats on getting through the application process.
  10. jbygott

    jbygott Newbie

    thank you. I did say on a form 21-4138 that I wanted to be his fiduciary. I did not have him sign it. It has been almost 60 days. should I send another letter anyway with his signature and the words you put in red above, or should I just wait for my call now. sometimes I am afraid that if I do something more it will slow things down.
  11. vetadmin

    vetadmin Administrator Staff Member


    Who signed the form?
  12. jbygott

    jbygott Newbie

    I signed it. should I do another one and have him sign it or would that slow the process?
  13. vetadmin

    vetadmin Administrator Staff Member

    Did you sign his name or yours?

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