processing judicial determinations of incompetency, see M21-1, Part III, Subpart v, 9.B.2.g processing a court decree of incompetency or court appointment of a fiduciary by reason of incompetency, see M21-1, Part III, Subpart v, 9.B.2.f, and processing a court appointment of a fiduciary without a judicial determination of incompetency, see M21-1, Part III, Subpart v, 9.B.2.e. 3. Process for Making Competency Determinations This contains information about the process for making competency Introduction determinations, including making initial competency determinations based on medical evidence jurisdiction of a final competency determination, and making final competency determinations when additional medical evidence or a hearing request is received. Change Date November 13, 2015 The regional office (RO) is responsible for all initial competency a. Making Initial determinations based on medical evidence. The table below describes the Competency actions involved in making initial competency determinations based on Determinations receipt of medical evidence. on Medical Evidence Step Responsible Action Employee 1 Rating Veterans Prepares a rating decision Service proposing a finding of Representative incompetency after (RVSR) or designee receiving clear and convincing evidence that a payee is incapable of managing his/her own affairs, including disbursement of funds without limitation, and
processing judicial determinations of incompetency, see M21-1, Part III, Subpart v, 9.B.2.g processing a court decree of incompetency or court appointment of a fiduciary by reason of incompetency, see M21-1, Part III, Subpart v, 9.B.2.f, and processing a court appointment of a fiduciary without a judicial determination of incompetency, see M21-1, Part III, Subpart v, 9.B.2.e. 3. Process for Making Competency Determinations Introduction This contains information about the process for making competency determinations, including making initial competency determinations based on medical evidence jurisdiction of a final competency determination, and making final competency determinations when additional medical evidence or a hearing request is received. Change Date November 13, 2015 a. Making Initial Competency Determinations on Medical Evidence The regional office (RO) is responsible for all initial competency determinations based on medical evidence. The table below describes the actions involved in making initial competency determinations based on receipt of medical evidence. Step Responsible Employee Action 1 Rating Veterans Service Representative (RVSR) or designee Prepares a rating decision proposing a finding of incompetency after receiving clear and convincing evidence that a payee is incapable of managing his/her own affairs, including disbursement of funds without limitation, and
11-13-15_Key%20Changes_M21-1III_iv_8_SecA.docx