Incompetency

[Suds]

I seem to be having a difficult using this website. I had posted a question several weeks ago but haven't seen anything regarding our problem. Hopefully someone can help me. I am a caregiver for a veteran who is 100% service connected disability, and have been for the last 2 years and friend of the family for the past 18 yrs. He has also had a stroke. He is on oxygen 24/7. He can walk short distances with a cane. His left arm and hand are paralyzed. He cannot shower, dress, or cook for himself. I take care of all his medications, and docter appts.

He was claimed incompetent during our interview for aid and attendance. At that time we had no idea that the VA could take control of his compensation. A field representative came to the house with approximately 24 hr. notice, and decided I wasn't doing things correctly and because I wasn't immediate family they would get us a fiduciary. The veteran wants me to be the fiduciary but they are ignoring that.

I cannot find out anything about how this system works. What bills they pay and the system they use to pay them. The Field representative said they would decide a salary for me, I cannot find out what that salary will be.

Is there anywhere to find out about this program. In the meantime I think we are going to appeal this decision. What will happens with that and what questions or tests will the veteran have to take.

Thank you for your anticipated help

Suds

[Chuck75]

This is a difficult situation at best, and will likely require legal help.

The VA, in some locations, has been less than proper when it comes to assigning a fiduciary.

That said, you may/will need to refute the VA's contention that the veteran is not competent, or failing that, that the fiduciary has and is failing in the duties of a fiduciary.

Dealing with the VA is usually a frustrating and time consuming process. It may be possible to get free legal help.

What I would do first is get an opinion from treating doctors as to the veteran's competence. Next, with legal help, deal with the VA.

The laws and practices concerning competency vary from one location to another. Generally, getting a competency hearing can be done, but it will not occur overnight.

There are others in hadit that have had similar problems, and successfully dealt with them.

One thing to remember is that the fiduciary does not really represent the veteran, instead, he or she represents the VA's interests, and is paid from a portion of the veteran's compensation.

(A very sad state of affairs)

I seem to be having a difficult using this website. I had posted a question several weeks ago but haven't seen anything regarding our problem. Hopefully someone can help me. I am a caregiver for a veteran who is 100% service connected disability, and have been for the last 2 years and friend of the family for the past 18 yrs. He has also had a stroke. He is on oxygen 24/7. He can walk short distances with a cane. His left arm and hand are paralyzed. He cannot shower, dress, or cook for himself. I take care of all his medications, and docter appts.

He was claimed incompetent during our interview for aid and attendance. At that time we had no idea that the VA could take control of his compensation. A field representative came to the house with approximately 24 hr. notice, and decided I wasn't doing things correctly and because I wasn't immediate family they would get us a fiduciary. The veteran wants me to be the fiduciary but they are ignoring that.

I cannot find out anything about how this system works. What bills they pay and the system they use to pay them. The Field representative said they would decide a salary for me, I cannot find out what that salary will be.

Is there anywhere to find out about this program. In the meantime I think we are going to appeal this decision. What will happens with that and what questions or tests will the veteran have to take.

Thank you for your anticipated help

Suds

[Berta]

Please contact Jim Strickland and tell him Berta Simmons sent you:

http://jimstrickland912.com/Fiduciary.html

First look over the Fiduciary info at his site-

this VA program is a MESS!!!!

Does this veteran have any close relatives at all???????

I am sorry you didnt get any relies -I was sure I replied to you with the above link- but maybe it went into hyperspace-

does this vet have a personal attorney who might be appropriate fiduciary?

Did anyone prepare a NOD on the proposal of incompetency yet for him- there could be a time limit for response to their decision.

Feel free to share my post here with Jim.

He knows far more than I do as to how this goes and this vet does need some good advise.