Need to double-check what to do for incompetency finding

Discussion in 'Share Your Personal Experience' started by gardener, Jul 17, 2013.

  1. gardener

    gardener Newbie

    I put this in a separate post because it is boring, compared to the success story. For those who have done this, please let me know if this is correct. The VA is saying they have a finding of incompetence for my mom. OK. So what I understand is that we send in a letter saying "we accept this finding and she wishes to appoint me as fiduciary and will they please schedule an interview as soon as possible". Is there anything else we should say? Is the wording of how we say it important? If so, does someone have a copy of what they wrote? Should this be filed as a statement in support of claim with a 21-4138 form. or is just a letter OK? What else do I need to know? Will the check clear to her account ok? Is the fiduciary account just for the withheld payments, or will they want the payments they will make in a special account? I saw that EVRs are no longer going to be required every year. What kind of reporting is there instead?
    There are a lot of things I don't know, but I am so happy to have to learn them!
  2. gztyp7

    gztyp7 Newbie

    I have my interview this week and will know more. But, I read the lump sum and monthly payments must be deposited in a new account with the beneficiary's name and the Federal Fiduciary's name.

    Annual reporting will not be required but the IRS and other Gov groups (SS & Medicare & USPS) will be collecting income data, so I expect some hiccups

    In my case I used the form and attached a letter and had my parent sign the waiver of the 60 day due process. I received the appointment letter within 3 months.

    More to come
  3. ClaudiaW

    ClaudiaW Newbie

    questions on determination of fiduciary

    hello! Posting on the thread of incompetency finding and fiduciary appointment... Success for my mom after application filed in Sept. 2012. She has been awarded A&A benefits. V.A. wants to declare her incompetent and determine a fiduciary because of physician report of her "mild cognitive impairment" and that she is unable to handle her own finances. In fact, my name is on her bank accounts and I do handle her finances. We would not contest the determination of incompetency. Should I just wait the 60 days allowed for a contest/request for hearing to be filed and let the V.A. go ahead and make the determination of incompetence or should I send a letter stating we will not contest it? Is an in-person interview always conducted before a determination of fiduciary or is it sometimes done by paperwork filings of some kind? My mom has not been diagnosed with dementia but is def. impaired and has memory loss. Is the field officer who would conduct an interview somehow educationally qualified to determine an individual's ability to handle finances? Is the payment of monthly benefits into the future dependent on determining a fiduciary or is it just for the release of the back payments due since date of original application? thanks so much for all help, Claudia
  4. vetadmin

    vetadmin Administrator Staff Member

    Send the letter not contesting it. The VA uses anything that indicates mental decline as a way to impose incompetency. It allows them to hold on to the accrued amount until the Fiduciary process is completed, which can take several more months. The bright side is they will start the monthly award to help offset expenses.
  5. Max

    Max Hero Member

    Re: questions on determination of fiduciary

    If she's ok to handle her own finances, have the doctor sign a statement indicating as such. The incompetency process unfortunately takes awhile.

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