I applied for veterans benefits for my parents last year, and Dad just received notification that he has been approved after a long battle. Now I am being told that we have to apply as fiduciary. We have not yet received the second letter instructing how to go about this, so I am curious if anyone knows about the process and how difficult it will be. My brother seems to think that Dad just has to sign a paper. However, someone else told me I have to go to a hearing before a judge to get appointed. Apparently power of attorney (POA) does not suffice for the Department of Veterans Affairs!
Bonnie
No one can really explain a particular amount without knowing more details about your father's situation, but I wouldn't consider sharing a lot of financial information on a public forum.
However, the first issue is what kind of award did he get? Is this for a service connected injury? Is it for some level of home care? Start with your father's team social worker at the VA and ask her to explain it to you. That's the best way.
-Christine88
Title of account should be similar to:
"Son" fiduciary for Veteran.
As for the VA's incompetance, my Dad lived in Idaho before coming here, so all documentation was going to IDaho and the no good brother who stole everything from him, including the letter that informs me that I was appointed as a fiduciary. Now the thing is - you need this letter to open the fiduciary account, which I did not get for 2 months, during which time the VA stopped automatic deposits and sent checks which I could not cash or deposit without the aforementioned letter. But everything is settling down and I am going to take my dad and live in Thailand with my fiance, who I have not seen for 3 years, when all this started.
Contact a local American Legion, VFW, or the VA directly to get information on how to start an application process. You might also be able to determine before providing the information whether or not the divorce would be a factor in qualification.
Situations are individual and need to be addressed that way, although there are certain parameters that generally apply.
The other issue with Pension claims is the VA are not suppose to give advice on how to structure their assets, income or care needs. In addition any actions that are taken to qualify for Pension may negatively impact medicaid qualification or income taxes.
I see way too many families that have gone to the VA and (1) been told they do not qualify for Pension when they do or could; (2) have an informal claim submitted (which causes them to be dropped from the fully developed claim process), (3) file a claim for pension when their net worth is too high or medical expenses are too low, (3) file for service connected disability when pension may pay more, (4) be told there is no such benefit, and (5) be told there is now a 3 year lookback on asset transfers.
Like with any professional, whether engineer, plumber, contractor, attorney, accountant, or whatever, you have to do some research and interviewing before you find one who can adequately address your needs.
I've spoken with a number of helpful and knowledgeable VA employees; perhaps it's because of the area, as the caliber of staff and management at VAs varies, but I think these people are in fact knowledgeable and helpful, and really deserve respect for what they're doing.
And you don't have to have an attorney.
And without impugning KMCD's knowledge or integrity, learning to deal with and navigate the VA's sometimes labyrinthine processes and standards isn't easy for someone to be a caregiver and spend the time to research the processes. Someone who doesn't have a background in that kind of, or in legal research, might find it more difficult to do so.
What happened in her situation is unfortunate, but I don't think enough facts are present to condemn the VA staffers.
1:32 PM EST, 27 Aug. 2016.
I do not think that anything unusual is going on, and if it takes a while to become fiduciary, all money will be paid based on when the decision was made, not from when they figured how to pay it. I hope you can wait without a problem.
The VA will schedule an appointment and you generally have no say in the date or time. It will be where your father is living.
If the VA finds the representative to be trustworthy they will appoint them the fiduciary. The VA will require they follow the budget they set out, and open a separate account for the VA check, and they can require the fiduciary to post a bond and file annual reports.
Also, if you, another family member, or a friend is your father's caregiver, than can also get paid for it. Don't know if you are aware of this.
Hope it helps! Camille