Many Questions- including citizenship of surviving spouse?

Discussion in 'General Discussion' started by gardener, Apr 23, 2012.

  1. gardener

    gardener Newbie

    I have been reading everything on this forum and I can't thank Debbie enough for what a great resource it is!

    I am applying for A&A for my mom as a surviving spouse based on my dad's WWII service. She has vascular dementia and is in assisted living (since January). At first I felt overwhelmed about making an application, but after reading other people's stories here, I feel that I am up to the task (almost). I still have quite a few questions that I need answers to before I can finish the application.

    1. Does you need to prove US citizenship for a surviving spouse? My mom is a naturalized citizen, but only recently, after my dad died. Their marriage certificate shows her country of origin, so I want to address the issue if it is an issue. But I can't seem to find an answer anywhere to the question of whether or not you need to be a citizen. I can't just copy her naturalization certificate because the paper says right on it that it is illegal for an unauthorized person to make copies. I know you can request a copy by getting an appointment with Homeland Security, but I'm sure that will take time. Does anyone know if citizenship is even required?

    2. Is there a particular form to be used by the assisted living facility in which they give their statement? I already got the doctor to use form 21-2680. Is there any particular wording or things the assisted living facility should mention in their statement?

    3. My husband and I are currently paying 2/3 of her assisted living costs because her SS check only pays about 1/3. We write a check to the facility directly. Does this jeapordize her getting the A&A? I know Debbie's notes in her step-by-step guide to form 21-534 say that for question 48 you should spell out how you are paying bills if your expenses are more than your income, i.e. if your children are helping out. Is there anywhere else that this information should be included?

    4. How much of a problem is it if there are different addresses on some of the documents? For instance, the address on my mom's annual letter from SS that states her benefit amount, doesn't match up with her current address, or even my address. (The letter went to my brother's house, where she lived two years ago because I've never bothered to update her info with SS). Is this important enough to wait for a new letter from the SS? If I did, it would have my address, not her assisted living address, because I don't have anything important sent there (my mom has vascular dementia and I'm her POA).

    5. That brings up a related non-VA question. Should I become representative payee for SS? I know the SS admin would want me to, but a lawyer we hired to do POA forms counseled against becoming rep payee. I think their only reasoning was that it was a burden to become one, but there are all kinds of burdensome things in this whole process of taking care of a parent and I just want to do the right thing. Anyone else have any advice on this one? I can't see that rep payee would be any more trouble than becoming fiduciary, which I'm sure would have to happen if the VA did make an award.
  2. Scalkid

    Scalkid Newbie

    hi! I am in the process of completing the forms for my 94 yo dad. You mentioned that you are paying 2/3 of the ALF fees directly and your mom pays for the other 1/3 from her income. Did this create a problem for the portion you paid, while waiting to be approved?
  3. Fit2009

    Fit2009 Sr. Member

    Assisting with paying the AL fee will not be a problem as long as 1) all of her monthly income goes to medical expenses and she doesn't have any assets. Citizenship does not matter.
  4. davidbilly

    davidbilly Newbie

    Hi Guys! I'm also in the process of completing the forms for my 85. This information might be helpful for me. Thanks

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