carlie Posted March 1, 2012 Share Posted March 1, 2012 *** 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 Carlie passed away in November 2015 she is missed. Link to comment Share on other sites More sharing options...
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carlie
*** 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
Carlie passed away in November 2015 she is missed.
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