Relative provider for A and A or Not!!

[vconnol]

I am a retired social worker, not experienced much in VA, but helping a friend  and her VA brother for whom she is the fiduciary. Since 2006 when she was appointed as fiduciary she has not taken any of his A and A as she was told by the VA she could not unless she was a professional fiduciary. Recently a social worker at VA told her to write herself a check for all the home health aid she provides to her mentally "incompetent" brother. However a person at a regional office told her she could not unless she was a professional caregiver. The VA Q and A page only refers to professional caregivers, but the US Code refers to relative or any person who is following a plan set out by a physician as being able to be paid. She has maintained constant face to face and phone contact with the psychiatrist ongoing. She does not live with him, but manages his meds, housekeeping, bathing, teeth, med dental appts, etc. Laundry and food too. Is there a written form that is to be done. How come regional does not know Code of Federal Regs. She is writing to the Regional Hub, as needs a field service rep to come out. What is going on here and are we right she can be paid as long as Dr. has outlined the home health care and rx's the 12 meds which she reminds her brother to take. What an introduction to wonderland for me!!

[PMC-Chris]

Hi vconnol,

It's been a few months since you've posted this, but I think this deserves a response!  Basically, if the veteran is rated for Aid & Attendance or Housebound the VA can take in-home care expenses for anybody - including a relative.  Some county veteran service officers or national service officers might have a copy of a "Care Expense Statement," an unofficial VA form that is no longer sent out, but we do love to receive it   The Texas Veterans Commission (if you happen to live in Texas) has a few good forms too.  All she would need to send, though, is a statement explaining the type of care she provides, what she does, etc, and the amount she is charging for the care.  Have the care provider sign the statement, and have the veteran sign and confirm that he is paying that much per month.  She doesn't need to be a professional care giver as long as the veteran has been rated.