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Suds

Incompetency

Question

I am a care giver for a veteran who is 76 yrs. old. He had a stroke several years ago and also has copd. He has been awarded 100 percent service connected disability in addition to special compensation of aid and attendance. Since his interview for aid and attendance; he was claimed incompetent, for his finances. I am trying to find out any information I can on how he can have that claim reversed. What Docter's he would need to see and what tests they give him. I am also trying to research the fiduciary program; regarding what bills and allowances they will pay for him. I am told that they decide a salary for me as his caregiver 7 days a week; 24hrs. a day. I cannot find any information or guidelines so I may prepare for our future. I have asked the local state representatives who say they haven't any information on this. Can someone help me or direct me where to find this information.

Thank you

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2 answers to this question

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Welcome to Hadit. I am sure others here can help.

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Sorry it took so long to give you some input.

The VA Fiduciary Program is a MESS!!!!!

Recently a Texas lawyer and his wife were found to have stolen almost $200,000 from a vet they were fiduciarys for.

There should be some info here in Jim Strickland's site to help you:

http://jimstrickland912.com/Fiduciary.html

"Since his interview for aid and attendance; he was claimed incompetent, for his finances. I am trying to find out any information I can on how he can have that claim reversed"

Can you prepare a letter challenging this for him -that he could sign?

What medical evidence did the VA cite that showed he was incompetent?

Is he able to pay his own bills and sign checks etc?

Or is he willing himself to appoint someone as his fiduciary?

Does he have a personal lawyer who might be able to help?

If you search the BVA decision available at the VA web site it will show how VA determines incompetency and how vets can challenge that finding.

"I have asked the local state representatives who say they haven't any information on this"

Any state vet rep, or county VSO or rep from DAV, AL, VFW etc should be able to help with a claim regarding his challenge to the proposed incompetency.

Is he still within any time frame deadline however?

Some vet org reps might even be able to make a house call to help him with the claim.

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