Third Party Disclosure

Discussion in 'Share Your Personal Experience' started by rpete, Sep 11, 2015.

  1. rpete

    rpete Newbie

    My mother was diagnosed with dementia 2 years ago but had been showing signs much earlier. As she is now, she is unable to sign her name and requires assistance with all aspects of daily living.

    I am just beginning the long process of applying for A&A and am wondering if anyone can help with a couple of questions.

    Can I file on her behalf if she is unable to sign any forms?
    Will VA discuss app with me if she is unable to provide a third party disclosure? I'm thinking they will not but, now what?

    As a veterans surviving spouse, she is already receiving a monthly benefit. Is she still entitled to the A&A benefit?

    Thanks so much for your help
    Robert
     
  2. vetadmin

    vetadmin Administrator Staff Member

    Robert,

    #1 Mom can either mark with an "X" and have it witnessed by two individuals, or you can get an ink pad and use her thumbprint for her signature also witnessed by two individuals.

    Until the VA rules your Mom "mentally incompetent" you don't deal with this issue.

    #2 If Mom is receiving DIC (Death Indemnity Compensation) from the VA, you will want to determine which amount is higher for her as she cannot draw both DIC and "pension". Many times the DIC amount is going to be higher and obviously you would not want to go for a lower award.
     
  3. rpete

    rpete Newbie

    Thanks so much for your reply.

    I see on the application an option for an "X" but was unaware of the fingerprint option. That info is a huge help. Mom is receiving a surviving spouse annuity (SBP?) not paid by VA, so should be entitled to A&A. I will double check before sending in application.

    One more question if you don't mind. Are you saying the VA needs to rule on her competency before I need to worry about the third party authorization?

    Thanks again for your help. So happy I found this site.
     
  4. vetadmin

    vetadmin Administrator Staff Member

    rpete,

    You're welcome, and glad the information is helpful.

    Competency and the Approved 3rd Party are two very different things.

    The competency issue with require once you are through the application process to be appointed as her Fiduciary as the VA does not recognize POA.

    You want to do the 21-0845 "Approved 3rd Party" so that you can speak with the VA about her application, so include it in her application packet.
     
  5. rpete

    rpete Newbie

    Thanks again for you're kind response.

    I wanted to include the 21-0845 with the application so I would be able to keep tabs on its process. Seems like I will not be able to do that as she is unable to sign that form and give consent.

    I'm surprised there is no option for witness signatures as there is with the application. I'm starting to remember why I put this off for so long.

    Take care, and thanks again for your help.
     
  6. vetadmin

    vetadmin Administrator Staff Member

    repete,

    You do include the 21-0845 Approved 3rd Party with the application.

    You can use the "X" or the thumbprint on all forms that require her signature. Just have either one witnessed by two individuals.
     

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