a. Requirements to Represent Claimants The table below describes the requirements for POA representatives to represent claimants. Type of Representation Requirements Accredited representative of a service organization, agent, or attorney Must obtain recognition from VA’s Office of General Counsel in order to represent claimants. Refer any person or group wanting to represent claimants to the Office of General Counsel for accreditation. References: For more information on requirements for accredited representatives of a service organization, agents, and attorneys to obtain recognition, see , and a list of accredited representatives of service organizations, agents, and attorneys maintained by the Office of General Counsel, see the . Non-licensed individual May represent a claimant on a one-time, one claim basis per the provisions of . The individual may only represent one VA claimant unless a request is submitted to the VA’s Office of General Counsel. Note: If a person purporting to be a representative does not fit into one of the categories above, write to the individual (and provide a copy of the correspondence to the claimant) explaining that he/she does not appear to fit into one of the categories of permitted representatives per and , and VA will not recognize the representation unless he/she shows VA that he/she does fit into one of the categories of permitted representatives. b. Definition: Declaration of Representation A declaration of representation is the form a claimant uses to designate a person or organization as his or her representative for VA purposes. A/An … May represent a claimant if VA receives … accredited representative of a service organization VA Form 21-22, Appointment of Veterans Service Organization as Claimant’s Representative, signed by the claimant and the representative that shows the service organization as representative. accredited agent VA Form 21-22a, Appointment of Individual as Claimant’s Representative, signed by the claimant. non-licensed individual a declaration of representation that complies with the provisions outlined in . Note: The representation is for a one-time, basis only.
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. 4. Extent of Authority and Duties of Representives