Incompetency Diagnosis and Fiduciary Process

Discussion in 'Fiduciary questions' started by edwina10, Jun 19, 2015.

  1. edwina10

    edwina10 Newbie

    I have finally completed all the necessary forms and gathered the supporting documents and have VA 21-534EZ completed for my 93 year old mother who has been residing in a secured memory care Assisted Living Facility since 9/2014.

    The 21-2680 Physician Statement indicates a diagnosis of Alzheimer's dementia and inability to manage her finances, and inability to safely care for herself. I have also completed Form 21-0845 giving the VA permission to discuss the claim with me.

    However, I'm confused at this point as to whether I need to also include a Form 21-0792 and waive what is likely to be the inevitable fiduciary hearing.

    1. Should I also send Form 21-0792 and waive the fiduciary hearing or wait until the VA has made a determination as to any award of benefits?

    2. I'm sending a cover letter requesting expedited processing due to her advanced age. Should I mention in the cover letter that she is in a secured memory care ALF - or the diagnosis of Alzheimer's dementia?

    3. Regarding Form 21-0779 from the ALF - I marked through the "Nursing Home" references and changed them to "ALF." Was this correct?

    4. Regarding Form 21-0779 - the ALF Executive Director completed the form but in Question 9 - did not check either "Skilled Nursing Care" or "Intermediate Nursing Care" - rather, she indicated my mother is receiving "Assisted Living, Secured Memory Care." Should this be ok?

    Thank you so much for all your helpful information and guidance through such a daunting process.

    God Bless you for this work you do.
  2. vetadmin

    vetadmin Administrator Staff Member

    You do not address the Fiduciary issue with the VA until the VA makes a decision on her application and they say she is mentally incompetent to handle her own financial affairs.

    You can request expedited processing due to her age, but do not mention memory care of the ALZ. That will be addressed on the physician's eval.

    Yes, mark through and put ALF

    Yes, it is ok what the facility put, but you also want a Statement of Occupancy from them.

    You're welcome, and thank you!

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