the representation is unlimited, see M21-1, Part I, 3.A.2.c. For more information on updating VA electronic systems when a Reference: limited declaration of representation is received, see M21-1, Part III, Subpart ii, 3.C.4.b. 3. POA Representation of Incompetent Claimants This topic contains information on representation of incompetent claimants, Introduction including fiduciary appointment for an incompetent Veteran representation for claimants in the process of being declared incompetent, and appointing POA representation to establish competency. August 17, 2004 Change Date If the claimant is unable to handle his/her own VA benefit payments, VA a. Fiduciary Appointment appoints a fiduciary to handle the payment of VA funds. for an Incompetent Veteran Until a fiduciary is appointed for a claimant in the process of being declared b. Representation incompetent, accept the appointment of a POA representative from any of the for Claimants following people in the following order in the Process of Being claimant Declared spouse Incompetent mother or father, or next of kin. Once VA appoints a fiduciary, the fiduciary may appoint a new POA representative. The prior POA is automatically revoked. not An incompetent claimant may appoint a POA representative for the purpose c. Appointing POA of attempting to establish his/her competency. Representation to Establish Competency
the representation is unlimited, see M21-1, Part I, 3.A.2.c. Reference: For more information on updating VA electronic systems when a limited declaration of representation is received, see M21-1, Part III, Subpart ii, 3.C.4.b. 3. POA Representation of Incompetent Claimants Introduction This topic contains information on representation of incompetent claimants, including fiduciary appointment for an incompetent Veteran representation for claimants in the process of being declared incompetent, and appointing POA representation to establish competency. Change Date August 17, 2004 a. Fiduciary Appointment for an Incompetent Veteran If the claimant is unable to handle his/her own VA benefit payments, VA appoints a fiduciary to handle the payment of VA funds. b. Representation for Claimants in the Process of Being Declared Incompetent Until a fiduciary is appointed for a claimant in the process of being declared incompetent, accept the appointment of a POA representative from any of the following people in the following order claimant spouse mother or father, or next of kin. Once VA appoints a fiduciary, the fiduciary may appoint a new POA representative. The prior POA is not automatically revoked. c. Appointing POA Representation to Establish Competency An incompetent claimant may appoint a POA representative for the purpose of attempting to establish his/her competency.