Need advice concerning incompetency

Discussion in 'Expenses' started by pepper, May 5, 2015.

  1. pepper

    pepper Newbie

    My mother has been receiving Aid and Attendance benefits as a surviving spouse since 2009 however I have just received notice from VA that due to Cost of Living Increases in her Civil Service benefits they are reducing her VA benefits, however her expenses have increased dramatically over the years due to ever increasing levels of care. The last time I had to submit a "Statement in Support of Claim" was in 2012 and she was still able to sign the document. It never occurred to me to obtain an "Appointment Of Individual As Claimant's Representative" although I have always handled her and my deceased father's claim(s). I know the VA will not accept my POA. My mother is in a nursing home in late stages of Alzheimer's, she would have to be transported by ambulance to attend a hearing and then would not be able to answer any questions. She cannot do anything for herself. I have to file another Statement in support of claim to prevent the reduction in VA benefits but she cannot sign it Does anyone have any advice?
  2. vetadmin

    vetadmin Administrator Staff Member

    All you have to do is the VA 21-4138 updating the VA on her current expenses, and if the Nursing Home is a change from your last update, get a Statement of Occupancy from them for her.

    If the increase is substantial, it will more than likely offset the increase she got from Civil Service.
  3. pepper

    pepper Newbie

    Thank you for your response, however that form requires a signature which is the problem. Her expenses have increased $15,000 per year from the initial claim which is substantially more than the $1200 yearly increase in her pension so she should actually qualify for an increase in her Aid and Attendance Benefit. I thought the VA discontinued requiring filing annual EVR's because they had the ability to conduct data matching with the IRS and other Federal agencies. It's funny they caught the increase in her Civil Service Benefit but not the increase in medical expenses reported to the IRS.

    I guess my real question is, if I sign for her, could I go to jail? I am afraid they may require me to take her to the VA hospital for evaluation (which they did with my father who had Parkinson's). They would of course then realize that she did not sign the 21-4138. Perhaps since she has been receiving benefits for so long that would never happen?

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