Since as early as 1924, VA and its predecessor agencies have administered a fiduciary program for beneficiaries who, as a result of injury, disease, the infirmities of advanced age, or being less than 18 years of age, cannot manage their own VA benefits. Under this program, VA oversees these vulnerable beneficiaries, and appoints and oversees fiduciaries who manage these beneficiaries' benefits. VA's current statutory authority for this program is in 38 U.S.C. chapters 55 and 61.
Summary:
The Department of Veterans Affairs (VA) proposes to amend its fiduciary
program regulations, which govern the oversight of beneficiaries who, because of
injury, disease, the infirmities of advanced age, or minority, are unable to
manage their VA benefits, and the appointment and oversight of fiduciaries for
these vulnerable beneficiaries. The proposed amendments would update and
reorganize regulations consistent with current law, VA policies and procedures,
and VA's reorganization of its fiduciary activities. They would also clarify the
rights of beneficiaries in the program and the roles of VA and fiduciaries in
ensuring that VA benefits are managed in the best interest of beneficiaries and
their dependents.
Dates:
Comments must be received by VA on or before March 4, 2014.
For more information and Source:
A053 - Proposed Rule: Fiduciary Activities
5 comments:
Reform is critical to the wellbeing of our vets.
I am glad to see some effort on behalf of Veterans.
Four years after my mother's court-appointed conservator sabotaged her entitlement to VA benefits, VA appointed me as her fiduciary. I believe the revisions are critical and well-considered to resolve the present vagueness of many rules, which results in various and skewed interpretations by VA administrators, beneficiaries and fiduciaries and causes unnecessary delays and confusion.
Deeper revisions might resolve probate courts' lack of understanding of VA law and prevent frivolous court actions against VA fiduciaries (such as ordering them to turn over VA benefits to the court's appointed fiduciary, whereupon renegade guardians and conservators often co-mingle the federal funds with estate assets). Informing every probate court in the nation that the VA will only appoint court-appointed fiduciaries as a last resort- and why - is vital.
Rules should accommodate VA beneficiaries' Patient Advocates under Durable Power of Attorney, as well. Sincere gratitude to the VA for all corrective efforts.
I am a 100-percent disabled Iraq war veteran recently forced under the VA’s strict fiduciary program.
Why are you doing this to me? Why does no one care?
Why would the VA automatically force me, or any "incompetent"-rated veteran, into a fiduciary program rather than pushing for focused care or support via a VA representative/counselor/social worker. There are different levels of personal incompetency. A competency rating should not label that veteran as completely and entirely incompetent.
Despite suffering a daily regimen of chronic physical and mental problems, I've have always been capable of paying my bills on time, as most of my bills were automatically paid every month.
Taking money away from an anxiety-ridden, yet financially responsible, veteran is unhealthy and only causes undo and extreme hardship. I would rather kill myself than accept the idea that I have to routinely ask a stranger if I can purchase items or services.
Don’t get me wrong, I am grateful for the VA’s disability benefits. I would definitely be homeless without it. But money creates comfort, control and stability. For most veterans, like myself, the VA disability benefit represents the only structure and safe-haven we have. A strict fiduciary policy, like yours, takes that away and is counter-productive to a self-supportive lifestyle.
Sadly, most PTSD veterans, like myself, are too depresses or stress-stricken to defend ourselves against VA policy. We are already vulnerable. The program is nothing but stress-inducing and demeaning. It definitely doesn't promote self-reliance.
The fiduciary program should only be forced upon veterans that have asked for it or those that have shown a strong inability to take care of themselves financially. It should only be used as an extreme last resort, not as a routine protocol or without trying other less-financially invasive options; such as financial counseling, family involvement or bill pay programs. If all those fail, then the veteran should be placed into a short-term fiduciary program focused on helping the veteran survive without a fiduciary.
What gives the VA the legal and ethical right to remove our civil liberties and constitutional rights we have fought for? By automatically putting veterans into a fiduciary program simply proves that the VA doesn't place veterans' interests first.
Two days ago, I was so stressed over this, I thought about ending my life. For some reason, I didn't.
George my husband has been put in the exact same position with this fiduciary program. I have information and contacts to help. Please feel free to contact me at 3gormans@gmail.com. I totally understand your stress. This is so scary to have these people invade your life. I have the name and number to the only attorney in the country that has won cases against the VA fiduciary program
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