Va Must Consider Beneficiary Competency In Every Case Involving

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*** Competency Determinations :

VA must consider beneficiary competency in every case involving a mental

health condition that is totally disabling or when evidence raises questions as

to a beneficiary’s mental capacity to manage his or her affairs. The

Fiduciary Unit supports implementation of competency determinations by

appointing a fiduciary, a third party who assists in managing funds for an

incompetent beneficiary. We reviewed competency determinations made at

the VARO to ensure staff completed them accurately and timely. Delays in

making these determinations ultimately affect the Fiduciary Unit’s ability to

appoint fiduciaries timely.

VBA policy requires that staff obtain clear and convincing medical evidence

that a beneficiary is capable of managing his or her affairs prior to making a

final competency decision. The policy allows the beneficiary a 60-day due

process period to submit evidence showing an ability to manage funds and

other personal affairs. At the end of the due process period, VARO staff

must take immediate action to determine whether the beneficiary is

competent. Effective July 2011, VBA defines “immediate” as 21 days.

More Info :

http://www.va.gov/oig/pubs/VAOIG-11-04243-86.pdf