Fudiciary Question

Discussion in 'Fiduciary questions' started by dw999, Oct 3, 2015.

  1. dw999

    dw999 Newbie


    Read all the Fudiciary related posts...but still wondering:

    Q: Should we file a Fudiciary Appointment request before the VA comes backs months later with their possible letter indicating veteran is not competent?

    Or....should we wait for them (VA) to indicate such is needed? *

    Reason we are asking...infarct dementia appears on the veteran recs...right after a surgery event (post operation hallucination stuff that went on, possibly due to the meds). But...other than that, no diagnosis on charts. However, the med list includes 2 meds for alzheimers. So...seeing the early signs of short-term memory malfunctions, we suspect that letter of incompetancy will eventually come.

    Does it expedite the A&A claim later on if we just request Fudiciary appointment (of myself) right away...at the same time of WHEN we file the A&A claim?

    We ask because veteran has no extra monies at all, but lives month-to-month. We are praying fervently to get a bridge loan on the home (home value under $60K) when the time arrives for asstd living just to pay for the asstd living while the long application process ensues...Thus the need to possibly be proactive and attempt to avoid any delays. With no assets, very little SS, and a house worth very little, this appears to be a dire-straits scenario.

    Thank you for your help.

    Appreciate your services immensely. Trying to navigate the maze with hours and hours of research, phone calls, etc!

    * Saw in another post that you indicated:

    "This process can take a long time, and it is to the advantage of the person filing an original claim to request
    the appointment of himself or herself as a fiduciary
    or for some other appropriate person or organization to
    act as a fiduciary in order to help expedite the process." -- This sounds like we should just go ahead and do it all at once?
  2. vetadmin

    vetadmin Administrator Staff Member


    You do not raise this issue UNTIL the VA makes the ruling of mental incompetency.

    Once they do, then you address the Fiduciary issue. You can find more on this in the FAQ section of the website with the proper verbiage and how to respond along with waiving the 60-day window you are given to disagree with that finding.

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