Understanding the fiduciary process

Discussion in 'General Discussion' started by pattyclarke, Apr 2, 2010.

  1. pattyclarke

    pattyclarke Newbie

    I'm still in the research phase of the A & A application, so I have a question about the fiduciary process. My mother-in-law is 91 years old and we will be moving her to an assisted living facility at the end of April. She needs assistance with bathing, medication management etc., but she is basically of sound mind, just elderly. I will be helping her with her finances—things like writing out her checks and transferring money from her savings to her checking etc., just because she finds it frustrating to have to deal with. From what I've read, some people have had delays and problems with the fiduciary process and I get the overall impression that you should avoid having to go that route if at all possible. If I'm going to help her manage her affairs, but she will be signing and authorizing, am I required to go the fiduciary route?

    I intend to file the 21-22a form with the application to be her representative. I feel comfortable that if the VA called to talk to her that she would just say that I help her with things and to please call me.

    Thank you,
    Patty
     
  2. jpez

    jpez Full Member

    Pattyclarke,

    THe determination of capacity (in my experience) happens with the doctor form. 21-2680. Question 26 -med mgmnt and q 27 finacial mgmt. If the doctor says yes, the the VA typically finds for incompentacy and this triggers the fiduciary route.
    Also if the diagnosis is Alzhiemers or demetia in Question 10.

    As a seperate issue, make use you have current POA for legal & Health. Also never sign a form (like at the assisted living) stating that you are 'signing for her'. that creates a potentially legally binding financial obligation on your part. If she can't sign, alwasy sign as instructed by the POA document. EXAMPLE "MOTHER N. LAW by DAUGHTER N. LAW, POA"
     
  3. Max

    Max Hero Member

    For VA purposes, you can never sign for her and POA isn't recognized by VA.

    That being said, unless the doctor states that she has dementia, Alzheimer's, or that she can't manage her finances, there shouldn't be a proposed incompetency issue.
     
  4. pattyclarke

    pattyclarke Newbie

    Thanks to both of you.

    Patty
     
  5. AnnieN

    AnnieN Newbie

    Patty, I sent in my mother's application with the VA Form 21-22a and after the first month when I called to check on the application they told me they couldn't discuss it with me without a Form 21-0845. The 21-0845 is and "Authorization to Disclose Personal Information to a Third Party". I sent the new form in. If I had to do it over again I would send them both in with the original application. You might want to consider this or at least do a search on it. Annie
     
  6. pattyclarke

    pattyclarke Newbie

    Thanks Annie. Now that you mention it, I remember reading that on one of the threads. Good input.

    Patty
     
  7. pattyclarke

    pattyclarke Newbie

    I have another question after down-loading the doctor report form 21-2680 that jpez referenced. I was given a form by the assisted living facility that is titled "Physician's Report for Residential Care Facilities for the Elderly (RCFE) and was told that was the doctor report form we needed to have filled out by my mother-in-law's doctor before we moved her down that would satisfy both the facility and what was needed for applying for the A&A. Now that I see the 21-2680 is not the same form, am I going to have to ask her doctor to fill this out as well? Ugh...

    Patty
     
  8. Max

    Max Hero Member

    The one from the facility might be ok, but if you fill out the 2680, VA will definitely not ask you for more medical evidence later.
     
  9. pattyclarke

    pattyclarke Newbie

    Okay, I think at this point that I will hope that the Physician Report that I have already sent to her doctors to fill out will suffice. It basically has the same info as the VA form.
    Thanks Max,
    Patty
     
  10. jpez

    jpez Full Member

    Patty clarke
    the secret to the VA 21-2680 is the the small print - actually the italizied print
    questions 21-27 on page 1 say (if yes or no provide explination)

    ex: 26 does the claimant reguire medication management?
    __X_yes _____ no
    THe claimant requires medication management because he was diagnosed with Demitia and cannot remember when to take his medications.
    YOu have to concect the inability to perform to the diognosis. Most doc letters for Assisted Living don't require this.
    If he can add it then great.
    ALSO IT MUST BE LEGIBLE.
    good luck


    You can't assume that the person at the VA will look at COPD (for example) and assume that the person is on oxygen and can't stand close to the stove to cook.
     

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