My mom finally got approved for VA Aid and Attendance. Any advice on my situation?

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R

Reno55 Asked June 2017

My mom finally got approved for VA Aid and Attendance. Any advice on my situation?

She has dementia and is on a memory care home. I am her legal guardian. There is some retroactive payment which requires me to become a fiduciary for that. The form requires my mom's signature. I am her guardian due to incapacity. The VA elder attorney's assistant said my mother must sign it as VA does not recognize POA or guardianship. The guardian lawyer's assistant says that I sign it as guardian and include the court documents and my own lawyer (not a specialist in these matters) said he signed all of his dad's VA A&A paperwork as the POA. I am losing faith in all of these lawyers who have been very expensive. Any experiences from you all would be appreciated. My mom cannot write anymore, but she could do an X with witnesses. This will upset her though because she will get confused about not paying rent or where do I live, etc. thanks

Elder Law

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score 0 · Answer 1

Don't have an answer for you but I have experienced much of this as well. These Hippa laws can be very frustrating. You are just doing the best you can to help Mom and people say they can't talk with you because your name is not on the list. I can't even close credit card accounts without putting her on the phone to say it is OK. She has no idea what she is saying is OK. I could put anyone on the phone and as long as the person on the other end hears it is OK, then they will give me information. Ridiculous!
That is what I get for being honest.

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score 0 · Answer 2

A court of competent jurisdiction has already found your mother incompetent. The VA fiduciary program applies both the folks ALREADY found incompetent by the above, and those who require a fiduciary ONLY for their VA financial issues.

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score 0 · Answer 3

Have you been interviewed to become Fiduciary? I'm with the Guardianship lawyer's office. Sign as guardian and include the documents. The VA has its own fiduciary process, but once you have been appointed your mom's guardian, she can no longer legally be required to sign documents of this sort. At least that's MY under standing of guardianship.

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score 0 · Answer 4

https://www.google.com/url?sa=t&source=web&rct=j&url=http://www.moaa.org/uploadedFiles/MOAA_Main/Main_Menu/Access_Member_Benefits/Professionalism/Symposia/Guardianship%2520and%2520Fiduciarycopyedit.pdf&ved=0ahUKEwiu89f2stbUAhUGaD4KHVUIBP0QFggfMAE&usg=AFQjCNHprqiMgCXVwtcjuxBc0FZUKyyZ8g

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