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Veterans and declaring someone incompetent

Posted by on Nov. 3, 2013 at 1:43 AM
  • 4 Replies

Should the VA (Veterans Administration) have the power to just declare someone incompetent?


From a VA malpractice attorney: You may be declared incompetent to manage your own finances during a simple C & P exam!  If the examiner asks you who handles the bills in your home and you reply that you let your spouse do all that, the examiner may write a brief note: "Veteran is not competent to handle his financial affairs."

Then they hold all further payments until you can assign a fiduciary, which by all accounts is a very long, drawn out ,hard process.


To me it seems there are not checks and balances to this system that will prevent misuse of the practice.

by on Nov. 3, 2013 at 1:43 AM
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EireLass
by Ruby Member on Nov. 3, 2013 at 7:56 AM
???mI'm confused by your question. (MaybemI'm incompetent?) During the process of receiving VA benefits, its asked who, if anyone helped you fill out the forms. It asks if anyone helps you with your finances. There is no long drawn out process......as long as you qualify in the first place.
stormcris
by Christy on Nov. 3, 2013 at 4:11 PM
1 mom liked this

During routine screenings after you get your benefits a doctor can note on your form that you are not the one handling your bills and thus you can be deemed incompetent. If you have not had that person legally assigned as a fudiciary then the VA will hold the benefits of the person who is deemed incompetent and getting one appointed after that is what is hard. It has been noted that some people have been deemed incompetent for not paying bills on time. 

Ie. you cannot get your VA benefits once declared unless you have this fudiciary.

Quoting EireLass:

???mI'm confused by your question. (MaybemI'm incompetent?) During the process of receiving VA benefits, its asked who, if anyone helped you fill out the forms. It asks if anyone helps you with your finances. There is no long drawn out process......as long as you qualify in the first place.


dalbax2
by Member on Nov. 3, 2013 at 6:23 PM
1 mom liked this
Quoting stormcris:

During routine screenings after you get your benefits a doctor can note on your form that you are not the one handling your bills and thus you can be deemed incompetent. If you have not had that person legally assigned as a fudiciary then the VA will hold the benefits of the person who is deemed incompetent and getting one appointed after that is what is hard. It has been noted that some people have been deemed incompetent for not paying bills on time. 

Ie. you cannot get your VA benefits once declared unless you have this fudiciary.

Quoting EireLass:???mI'm confused by your question. (MaybemI'm incompetent?) During the process of receiving VA benefits, its asked who, if anyone helped you fill out the forms. It asks if anyone helps you with your finances. There is no long drawn out process......as long as you qualify in the first place.



I always handled the bills when I was w/ my ex. He was never asked any questions like this.
yourspecialkid
by Platinum Member on Nov. 3, 2013 at 9:50 PM
1 mom liked this

 I have not heard of this, but I have heard of veteran's being declared unfit to own a firearm by the VA.

I am not a fan of the VA myself.

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