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Ptsd 100% P & T Incompetant Veteran

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lori

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Hello,

My brother was awarded PTSD 100% P & T disability this year. He was diagnosed incompetant in 2002. He is now asking if he can be proven competant to manage his money and not be told how to spend it by VA. Would it affect his rating? Is this possible and if so, can anyone advise how to go about it.

Thanks

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I read the code of ethics again, it sounds like if they are being cared for in a facility by the Dept of Veterans who is not next of kin, etc. Let me know what you think. Escheat;post fund 13.110

Hi, I know a sister of a vet that died when he was considered incompetant by the VA. His siter was teh fiduciary, all money in the fiduciary account had to go back to the VA. It did not get given to his heirs, the VA got it all back. He had about $10,000 in that account. Apparently they base it on the fact the VA give compensation for the veteran to live. If they don't use the money they assume it was not necessary so they claim it back.

His sister refused to give it back to the VA and wanted to give it to his kids, and the VA tried to sue her stating she was with-holding government funds. So she had to give it back. VA sets up the fiduciary accounts like a trust account, which means the money is not actually going to the veteran but into a trustfund in the veteran's name. In the small print when setting these accounts up, usually the VA puts in the clause that the money goes back to the VA upon the vets death, that how they can get it back. At least that is how the friend above explained it too me.

Hopefully someone will correct me if I'm wrong!

Best Idea is to just be competant if you can. Then the money is truly yours like it should be. Sometimes all it takes is the family stating they believe the vet is competant, If the family is worried about the vet handling their money, then the VA check can always be put into a joint account with a relative with special withdrawal conditions, like no ATM card, and two signatures on the check. At least this way the Vet owns their own money, and it can be spent where it needs to .

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Hi, I know a sister of a vet that died when he was considered incompetant by the VA. His siter was teh fiduciary, all money in the fiduciary account had to go back to the VA. It did not get given to his heirs, the VA got it all back. He had about $10,000 in that account. Apparently they base it on the fact the VA give compensation for the veteran to live. If they don't use the money they assume it was not necessary so they claim it back.

His sister refused to give it back to the VA and wanted to give it to his kids, and the VA tried to sue her stating she was with-holding government funds. So she had to give it back. VA sets up the fiduciary accounts like a trust account, which means the money is not actually going to the veteran but into a trustfund in the veteran's name. In the small print when setting these accounts up, usually the VA puts in the clause that the money goes back to the VA upon the vets death, that how they can get it back. At least that is how the friend above explained it too me.

Hopefully someone will correct me if I'm wrong!

Best Idea is to just be competant if you can. Then the money is truly yours like it should be. Sometimes all it takes is the family stating they believe the vet is competant, If the family is worried about the vet handling their money, then the VA check can always be put into a joint account with a relative with special withdrawal conditions, like no ATM card, and two signatures on the check. At least this way the Vet owns their own money, and it can be spent where it needs to .

so I should get my dr now to write the letter for me stating i am unemployable? at 100%

loma lina bill

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Thats what it says. It is not right but that is what it said. The fiduicary is supposed to turn over all money and assets to the VA and the VA is supposed to give it to the State.

I know in Texas that a relative can claim it and if they are supported by will or blood will get it back from State.

Pete53 is correct. The monies are released to the state as the Federal Government has nothing to do with the will. The Clerk of Court administers the will and assets by law. By all means make sure there is a Will in place. After the final accounting the acount is turned over to the State.

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I was found incompetent.

It does not matter what friends/relatives/fidiciary may say on the veterans behalf.

My wife/fiduciary wrote that I was competent. The field examiner guy from the VA that sets up fidiciary and suggests how funds be used wrote a letter stating I was competent.

The C&P examiner said "veteran may forget to pay his bills". Found not competent.

He needs a MH professional to say he is competent and he will have a C&P. The C&P examiner must say he is competent.

Now, all that said. If your brother wants something, all he needs to do is get a loan. The VA cannot refuse to pay the loan back. They might have a fit if he gives money to his parents and they will threaten to remove you as fiduciary. However if he gets a loan for a couple thousand, the VA cannot blame you as the fidiciary and they must allow you to pay back the loan.

My wife is my fiduciary and I/we spend what we want how we want. If the VA was to give me problems and wife was removed as fiduciary and my comp micro-managed, I would get a monthly loan for what I wanted to spend. They can't stop me from doing that. Then they have no say in how I spend my money.

They may learn I am quite competent.

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