Poa And The Va

[SouthernBelle]

Just wondering if it practice or policy for the VA to NOT allow a spouse to hold POA. The VA has informed me that unless my husband is "unable" to make decisions for himself that I can't hold POA. EVEN THOUGH, I have one. They also said that a VA rep has to come to my house and CHECK to see if my husband is capable of making decisions. He is more than capable of making the decisions, but he can't deal with the VA. He doesn't understand it, and he has to be present for me to even ask about the status of his claims, or anything! I'm getting really irritated. Somebody please help!

[Philip Rogers]

I'd file the POA, attach the rule to it and request that if it's denied to please issue a written decision/notice. You could also write up a short statement, signed by your spouse, stating that he authorizes the VA to discuss his claim w/you at anytime. If they don't allow any of this talk w/the service center manager.

pr

[carlie]

SouthernBelle,

I agree with pr on this issue.

carlie

[Pete53]

I agree but your husband can also issue you a Legal Power of Attorney using a form that is acceptable in your State and the VA can go fly a kite. Provide the VA with a copy and keep the original. Have it notarized at your bank or other notary.

Good Luck

[LarryJ]

I agree but your husband can also issue you a Legal Power of Attorney using a form that is acceptable in your State and the VA can go fly a kite. Provide the VA with a copy and keep the original. Have it notarized at your bank or other notary.

Good Luck

Well, not quite correct. You need to have it as a "matter of court record" by going to your county/parish court clerk's office and getting them to enter it into the "official record" at which time they will stamp/scribble/sign/date/hoodoo/etc. the actual document and hand it back to you. Now, the VA, being the Federal Government in disguise, may or may not acceed to the State/County/Parish filings. They don't have to, ya know. Just like they don't have to have doctors that are licensed to practice in the state where your VAMC is located.

And, regardless, even if you do sign the request to be appointed his POA by using the VA's Own Rules, you will just have one shot at it, you can just act as his POA one time:

38 CFR

§ 14.630 Authorization for a particular claim.

(a) Any person may be authorized to prepare, present, and prosecute one claim. A power of attorney executed on VA Form 21–22a, “Appointment of Attorney or Agent as Claimant's Representative,” and a statement signed by the person and the claimant that no compensation will be charged or paid for the services, shall be filed with the agency of original jurisdiction where the claim is presented. The power of attorney identifies to VA the claimant's appointment of representation and authorizes VA's disclosure of information to the person representing the claimant.

(:P Representation may be provided by an individual pursuant to this section one time only. An exception to this limitation may be granted by the General Counsel in unusual circumstances. Among the factors which may be considered in determining whether an exception will be granted are:

(1) The number of accredited representatives, agents, and attorneys operating in the claimant's geographic region;

(2) Whether the claimant has unsuccessfully sought representation from other sources;

(3) The nature and status of the claim; and

(4) Whether there exists unique circumstances which would render alternative representation inadequate.

© Persons providing representation under this section must comply with the laws administered by VA and with the regulations governing practice before VA including the rules of conduct in §14.632 of this part.

(d) Persons providing representation under this section are subject to suspension and or exclusion from representation of claimants before VA on the same grounds as apply to representatives, agents, and attorneys in §14.633 of this part.

(Authority: 38 U.S.C. 501(a), 5903)

[68 FR 8546, Feb. 24, 2003, as amended at 73 FR 29872, May 22, 2008]

And, also bear in mind that there is a difference between a "legal" POA and a "medical" POA, and within the POA's are different "levels" if you will. Example; a "full and complete POA to act as the grantor would act in all matters....ect" or a "restricted POA" to act only in, for example, the purchase of a new car when the actual buyer is, say, in Afghanistan.

A "medical" POA can be used by, for example, a wife to carry out her husband's wishes in the case of his becoming incompetent to make his own decisions, or for granting organ donations or "pulling the plug" or restricting what type of surgery the patient will allow.....say, if you're "under the knife" and the doctors find the cancer that everybody thought that they would find and all they can do for you is cut out as much as they can, but you're still gonna die, do you want them to just zip you back up and let nature take it's course.

Stuff like that.

just sayin....

[SouthernBelle]

I'm so confused now! Does the whole "one time" thing apply to any and all VA claims now AND in the future? Does this mean that if I have POA NOW, that I won't be able to have POA later?

[LarryJ]

I'm so confused now! Does the whole "one time" thing apply to any and all VA claims now AND in the future? Does this mean that if I have POA NOW, that I won't be able to have POA later?

You just think you're confused, now.

Wait another year or two.

:P