Rated as Incompetent, what to do next?

Discussion in 'Fiduciary questions' started by Maven, Sep 8, 2016.

  1. Maven

    Maven Jr. Member

    What do we do to have my husband appointed as his mothers fiduciary after receiving letter from VA saying they were proposing to rate her as incompetent? This was in July, have heard nothing since from VA on it, need to be able to receive withheld benefits to pay for her care.We have not responded to letter thinking we were supposed to wait to get further instructions from VA.Thank you have already gotten priceless info here.

  2. Kaylin

    Kaylin Hero Member Staff Member

    Did you waive the 60 day waiting period of them finding her incompetent? That should have been in the paperwork they sent if they indicated she was not able to handle her own financial affairs and would need a fiduciary. You need to send a Statement in Support of Claim form 21-4138 to let them know you wanted to waive that finding of incompetency and that you need the fiduciary paperwork. I would also call them (keep calling until you get an answer if you have to) to see if they meant to send the paperwork with instructions on how to do the fiduciary process.

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