Fudiciary

Discussion in 'Fiduciary questions' started by cdimich1, Nov 5, 2011.

  1. cdimich1

    cdimich1 Newbie

    My mother was deemed incompetent by the VA for her A & A but She received her first check of $501.00 on the 1 st of Nov 2011. The letter stated that they would not release her back pay of $6012.00. until a fudiciary had been assigned. My mother suffers from a Disease called Lewey Body Dementia and gets very agitated when having to make any kind of decisions and has hallucinations. My question is that if she is deemed incompetent why would a field rep from the VA have to interview her? The local VA office had her sign a document stating she wants me to be her fudiciary isn't that good enough? Thank you for helping me with this matter.
     
  2. stevem

    stevem Newbie

    So far nothing in this process has made any sense to me either. When they call my mother I shudder to think what she's going to say to the person who calls. We sent in the paperwork stating we weren't denying the fact she has dementia, we're waiving the 60 day rule and she wrote a letter along with me wanting me to be appointed her fudiciary. No word so far and she's going to exhaust her funds soon and have to move to another facility if nothing happens in the next month or so. I called the VA and they said nothing helpful.....
     
  3. vetadmin

    vetadmin Administrator Staff Member

    The problem is there are not enough Field Agents who do these interviews to keep up with the demand. It is not uncommon for it to take several months to get the actual appointment.

    In the case where this delay is causing a "financial hardship", I would do a 21-4138 Statement in Support of Claim clearly stating the urgency for the appointment, that she will have to be removed from her facility as she will have no way to pay her expenses, and nicely request an interview at the earliest possible convenience.
     
  4. Ktakacs

    Ktakacs Newbie

    I was in a similar situation and had been advised to send off a letter regarding the financial hardship. I also contacted my mother's Congressman's office. I am sure it was their inquiry that moved things along. Don't hesitate to utilize this resource. I was surprised to find that my mother's Congressman actually has a staff person whose only job is to assist people with dealing with government agencies. It was such a relief to have someone return phone calls, respond to emails and make follow up phone calls. I wish I had called them sooner.
     
  5. vetadmin

    vetadmin Administrator Staff Member

    Thanks for sharing your experience.

    I can't stress enough, don't let things go longer than an appropriate amount of time, and Senators and Congress representatives should be contacted when the situation warrants it.
     
  6. sczebotar

    sczebotar Newbie

    It has taken two applications and a year of paperwork to get my father's benefits approved. They are now saying he needs a fiduciary appointed since his dementia has worsened during the lengthy application process. I am responding with "no contest" and asking to serve in that capacity. I hope his checks are not delayed for a protracted period. When our country was bombed at Pearl Harbor in December 1941 my father rushed to the aid of his country. He left school early to volunteer to defend and aid his country. Now that he needs his country to aid him, I wish they would demonstrate the same degree of urgency.
     
  7. vetadmin

    vetadmin Administrator Staff Member

    Totally understand and completely agree with you, but the Fiduciary process is a lengthy one. There are not enough Field Agents to cover the demand. They will start the monthly pension, but the retro payments will be held until either you or someone else is appointed.
     
  8. skippym67

    skippym67 Newbie

    My mother had Alzheimer's and I worked very hard to get the A & A approved to help with her out of home care. She finally received 2 payments but not the "accrued" monies. Two months later she passed away and now I am the estate is not getting the accrued benefits. I feel the estate is entitled to this as she was approved. They stated they were waiting for a fiduary to be appointed. Well it's not our fault that the government didn't appoint one. I had been taking care of her for years so why not myself. So because they didn't the estate is out apx. $13,000, NOT FAIR.

    Now they tell me I can apply for death expenses. I applied over a year and a half ago and that money has not been sent out to the estate. What is a person to do? Thank you.
     
  9. vetadmin

    vetadmin Administrator Staff Member

    You need to contact the Senator of her state, and ask them to make an inquiry on her behalf.

    The VA usually take up to a year to process these, but with you sitting at much more than that, someone needs to ring the bell on this for you.
     

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