success for mom, now questions on how a fiduciary is determined

Discussion in 'Fiduciary questions' started by ClaudiaW, Dec 9, 2013.

  1. ClaudiaW

    ClaudiaW Newbie

    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 by the VA 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 the fiduciary determined just for the release of the back payments due since date of original application? thanks so much for all help, Claudia
     
  2. vetadmin

    vetadmin Administrator Staff Member

    Claudia,

    I responded to this on your other post on your question.
     

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