veterans benefits petition for guardianship

Hi We are applying for VA benefits, and were advised to file a guardianship with the court system, since the VA does not recognize Power of Attorney if the veteran becomes unable to conduct his affairs. My husband is still walking and talking. Has anyone been through this? We will be doing this ourselves, and have the forms, as we can not afford an attorney as we have not received any benefits or ssdi yet.

Sadie... have you looked into finding an attorney that might work with you pro bono? If Shelley's around, I know that's what they were able to do. Contact the ALS Association and see if there's someone there that can help talk you through it too.

Zen Archer (Jeff) of this site can help you I am sure.

The VA has a form for Durable Power of Attorney for Health Care and Living Will available at: http://www.va.gov/vaforms/medical/pdf/vha-10-0137-fill.pdf. This form can be notorized and will be recognized by civilian health care. There is also a form Appointment of Individual as Claimant Representative available at: http://www.vba.va.gov/pubs/forms/VBA-21-22A-ARE.pdf which should act as a POA within the VA. The last form however is not recognized outside the VA. My wife and I got a POA done at the local notary for around $20.

Why am I being told that the VA doesnt recognize a POA? I will check thisMy out more tomorrow with the local VA guy who advised me of this. He said that unless I did this through the courts, the VA would appoint a fiduciary, which would probably be me, the spouse, but it could take 3 to 8 months. My husband was in Army National Guard, and we are in process of getting him approved for benefits. Got a letter from VA saying they have his claim effective 9-23-09, so we made the deadline for retroactive benefits.

Zen just downloaded the stuff, will take it to my guy at VA tomorrow. Thanks so very very much. Hugs and kisses to all