Pending Guardianship Hearing

Discussion in 'Share Your Personal Experience' started by Freemont, Jul 10, 2014.

  1. Freemont

    Freemont Newbie

    I have sent in my mom's application for Aid and Attenendant benefits (40 pages).
    She is an 89 year old widow of a veteran. She lives alone, has refused to stay in assisted living (after a 4 month move) and is having difficulty at home taking care of herself.
    The state of Michigan's Department of Adult Protective Services has filed a case that a full guardian be appointed. For various reasons, none of her 3 children are able to do this. After an initial hearing, 5.27.14, the case was rescheduled as a contested hearing for 7.24.14. We have received a request from the VA for additional information on 2 of the caregivers listed on her application who basically pick up food for her. She does not have many personal care givers because she has extreme paranoia of anyone who comes in her house.

    My question is whether it is in her best or worst interest to inform the VA of the pending guardianship hearing. The fact that Adult Protective Services thinks she needs aid would seem to work in her favor, but will this start a fiduciary inquiry and delay their decision? I am also having an Opthamologist test her to forward the results, for her vision has greatly deteriorated, making it difficult for her to write checks. Otherwise, she still is able to manage her finances very well.
    Is there any law that the VA cannot make a decision while a Guardianship case is pending?
  2. vetadmin

    vetadmin Administrator Staff Member

    Not 100% sure on this one. If there is a Court Appointed Guardian appointed, you will need to inform the VA.

    You say she is not really paying anyone for much personal care outside of errands outside the home. The concern here is that she does not seem to have much in the way of care expenses. Running errands is not going to be by itself considered as an allowable medical expense.

    She has to be able to show a financial need for the pension in order to pay for care.
  3. Freemont

    Freemont Newbie

    Thanks for your reply.
    She does have an aide who comes 3 days a week for 2 - 4 Hours at $15.00/Hour.
    She usually falls, ends up in the hospital ER, refuses to be admitted, and is allowed to go home with the stipulation that she gets 24/7 care for the following 3 days. This has amounted to between $5,000 - $7,000 is the past 2 years. I have sent the VA proof of these payments.

    Alson, if her hearing and eyesight are poor enough to qualify as a disibility will this weigh heavily in her favor to offset her unwillingness to let caregivers help her?
  4. vetadmin

    vetadmin Administrator Staff Member

    The expenses at the hospital will not be considered as ongoing/reoccuring expenses. They are only looking at what she is paying monthly for her care and assistance.

    Again, the only thing the VA is going to give an allowance for is what she is paying to her caregivers.

    Taking the average of 3 hours 3 times a week, it sounds like she is paying an approximate $1620 a month for care. You need to look at what her monthly income is and after backing our these care expenses, where is she financially at the end of the month. If she is zero or negative, that would be prefered for financially qualifying.

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