For many veterans, a lifetime of service leaves behind more than just medals and memories. Injuries sustained during service inevitably results in paperwork, doctor appointments, and dealing with the VA. As these veterans continue to age, managing the various obligations can become a massive burden.

Eventually it reaches a point where someone needs to step in. But where do you start?

Whether you’re a spouse trying to get answers about a delayed claim, an adult child wanting to ensure your parent’s medical wishes are honored, or a trusted friend stepping up when no family is near — the VA has a set of forms and programs designed to make that support official.

The purpose of this guide is to walk through some of these options so you can find the right path forward.

VA Form 21‑0845: Authorization to Disclose Personal Information to a Third Party

VA Form 21-0845 authorizes the VA to share a veteran’s personal information with a designated third party, such as a family member, friend, neighbor, caregiver, or even an organization. Only one individual or one organization may be designated at a time, and the form must be signed by the veteran personally. This form is the right choice when a veteran needs the VA to share their information with a trusted contact who can make inquiries or help navigate the system on their behalf.

The form authorizes the following:

1. Receive VA Information: The designated party may receive information from the VA regarding the veteran’s benefits and claims.
2. Make Inquiries: They may ask the VA about claims, payments, health care, and correspondence.
3. Facilitate Communication: They can serve as a point of contact to help navigate VA processes.

However, there are important limitations. The form does not allow the designated party to:

1. Change or alter the veteran’s benefits
2. Sign documents on the veteran’s behalf
3. Make medical or financial decisions

This authorization can be revoked by the veteran at any time.

2. VA Form 10-5245: Request for and Authorization to Release Health Information

While Form 1-0845 focuses on information regarding a veteran’s VA benefits, VA Form 10-5245  authorizes the release of medical records in accordance with HIPAA.

The veteran must specify exactly what information is being released and to whom. The form does not authorize the release of information that is not explicitly specified.

Alternatively, to request a copy of your records, you can fill out V Form 5345a, Individual’s Request for a Copy of Their Own Health Information.

 

3. VA Form 21-22a: Appointment of Individual As Claimant’s Representative

VA Form 21-22a appoints an individual to prepare, present and prosecute the veteran’s claims for any and all VA benefits. It also authorizes the VA to disclose the veteran’s records to that appointed representative.

In other words, it allows the individual to advocate on behalf of the veteran.

However, there are certain requirements. The individual must be an accredited attorney, claims agent, or Veteran Service Officer. Both the veteran and representative must sign the form

Furthermore there are important nuances that must be acknowledged:

1. 1. Sensitive records require opt-in. Unless the veteran explicitly checks a box on the form, the VA will not disclose records related to treatment for drug abuse, alcoholism, HIV, or sickle cell anemia.
   2. Address changes are also opt-in. Unless authorized on the form, the representative cannot act on the veteran’s behalf to change their address in VA records.

• VSO Alternative. If a veteran wants to have a veteran service organization assist them rather than an individual, you will want to complete VA Form 21-22 instead.

 

4. VA Form 10‑0137: Durable Power of Attorney for Health Care and Living Will

 

VA Form 10-0137 is different from the previous forms listed as it deals with medical and end-of-life decisions. There are two parts:

• Durable Power of Attorney for Health Care: This section lets a veteran appoint a specific individual (a Health Care Agent) to make health care decisions for them if they are no longer able to make such decisions themselves.
  
  If a veteran is too ill to decide, the Health Care Agent is authorized to make all health care decisions on their behalf. This includes:

• Admission and discharge from a hospital

• Starting and ending treatments

• Accessing personal health information and medical records, including sensitive information (e.g. HIV, substance abuse, sickle cell anemia, or alcoholism).

The veteran can also designate a backup Health Care Agent in case the first person is unable or unwilling to serve.

 

• Living Will: This part lets the veteran dictate how they want to be treated in the event they are no longer able to decide for themselves. In particular it covers decisions on life-support and mental health.

The form requires two witnesses. Neither may be named as a beneficiary in the patient’s estate, appointed as the Health Care Agent, or financially responsible for the patient’s care.

 

5. VA Fiduciary Program

 

The VA Fiduciary Program was established to protect veterans who, due to injury, disease, or age, are unable to manage their financial affairs. The VA will only determine an individual to be unable to manage their financial affairs after receiving either medical documentation or a court order. This decision may be appealed to the Board of Veterans’ Appeals.

A fiduciary is appointed by the VA to receive benefits on behalf of a beneficiary. These must be used to support the beneficiary or their dependents.

Prior to assigning a fiduciary, the VA will assess the well-being and needs of the beneficiary through a face-to-face meeting. This can be done in person or virtually via the Pension and Fiduciary Service Video Conferencing platform.

The proposed fiduciary is screened before assignment for credit history and criminal records. They may also be required to submit annual accountings, obtain a surety bond, or complete annual fund usage reviews.

 

Who may become a Fiduciary:

 

The VA considers the most optimal arrangement by first determining whether the veteran can manage their benefits under Supervised Direct Pay with limited VA supervision. If that is not an option they will consider the candidates in order of preference:

 

1. The beneficiary’s stated preference
2. The beneficiary’s spouse
3. A relative with custody
4. Any other relative
5. A friend or acquaintance willing to serve without fee
6. A chief officer of an institution where the beneficiary receives care
7. A paid fiduciary appointed by the VA

The fiduciary is responsible for managing the beneficiary’s VA income, ensure debts are paid, and that funds are used for daily needs (e.g. food, clothing, housing, medical expenses, etc.) They are not allowed to use these funds for personal gain.

Beneficiary Rights

Veterans in the program retain the following rights:

 

• The right to receive written notice regarding VA’s appointment of a fiduciary 
• The right to appeal that appointment to the Board of Veterans’ Appeals
• The right to be informed of the fiduciary’s name and contact information
• The right to be represented by a VA-accredited attorney, claims agent, or VSO representative — including during field examinations. eCFR

Beneficiaries may also request a reevaluation of their ability to manage their VA benefits at any time by sending VA a written request along with any supporting medical evidence. Requests for appeal or decision review must be submitted within one year of the notification letter.

 

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Dealing with paperwork is seldom pleasant, but we hope this guide offers a means to better understand the different forms. To learn more about VSOs, we recommend this handy article.