Think The Va Took Advantage Of My Kind Nature

[gdsnide]

OK...As I have said I have been approved for SMC (L But sent papers to Lawyer today to see if I can get it any higher) & one VA Psychologist had to write in his report I can't handle my own money & today I get a letter from the RO talking about appointing a Fuduciary.

My question is can I appoint my Wife or Daughter as said person because I damn sure don't want to have to go see some one I don't even know for my "Allowance"

Any information greatly appreciated

Thank U

Gary

[SouthernBelle]

I'm no expert, but I would think you can appoint your daughter or wife as your fiduciary. When/if my husband is no longer able I will be his fiduciary, and I don't care what the VA says.

[carlie]

Gary,

Study 3.353

http://ecfr.gpoaccess.gov/cgi/t/text/text-...146&idno=38

I would try to have NO fiduciary.

jmho,

carlie

[gdsnide]

Carlie,

Yep, I received the letter from the RO in St.Louis,MO refering to having someone else handle my money

This is all due to the Psychologist the VA sent me to see who said I was to damn dumb to handle my own money or incompetent or whatever.

I could look up the exact wording but I guess U get the picture.

If worst came to worst I would have no problem with my Wife being said person as she handles the money anyway & has since we got married & since I'm 61 & she is also & we have been married since I was 18 I would say she has done a fine job.

I had a business for appox. 25 years & she was my book keeper & did an excellent job at that.

But, I refuse to have to get in touch with someone I don't know,whom ever said person may be, & ask them for money that is right fully mine or have them pay my bills,etc. Also, if I read said letter correctly every penny has to be accounted for which would be a real PIA

So, since I haven't gotten in touch with the RO yet it may be possible they may rescind this "Gary is to damn dumb to handle his own money"

I guess I should have seen this coming after I read the report he wrote but I didn't even see it till he mailed me & the VA a copy or I believe I could have talked him into not putting that statement in there

OK....If they refuse (The RO) to rescind this "Gary is a NUT" statement & let me handle my own money then my wife can be appointed with out any trouble. Am I right?

I also have my Daughter who lives with my Wife & I ,as she is also ill, as what I suppose one would call a Care Giver. Also, we pay her for said service, which she would do for free but I have always liked to feel I was paying my own way.

If I may, who are these said person &/or persons that the VA would appoint?

Also, would I have to contact them & beg for money for a pack of cigarettes? ( Yep, know they are no good for one but have been smoking since I was 12 & figure if smoking would ruin anything it already has after all that time HA)

My one concern is that since a VA Doc wrote this I may be between a rock & a hard spot.

But, as I have already said " If my Wife is appointed the "Fudicary" ( Think I spelled that right) I would have no problem with that but actually would rather not have one.

OK Thank U very much for the advice & I will see Monday what I can get accomplished.

GARY

[Berta]

Gary-you can challenge this if you want but this is a protection for many veterans- if I were you- either get a doctor to state that you are not incompetent at all or let the wife become your fiduciiary-

VA incompetence or SSA declaration of incompetence doesnt mean much- it sure doesnt mean some long lost relative can try to get your stuff-

VA said my husband was competent but SSA called him up and said they wanted to make me his SSA payee and declare him incompetent-when he was awarded a large amount of SSA retro-

the woman told him he could challenge them if he wanted to but he told her he liked it-

she asked why-

our main money problem was a student loan- he only owed about 600 bucks but they called here relentlessly after his CVA and he was told by someone- if he made one payment after becoming disabled-it would be hard to get the loan written off eventually-

A VA doctor did sign some forms and the student loan people did write off the balance-

but before that happened they called here relentlessly for money-

He told SSA now he could tell these people he not only had significant brain trauma and 100% PTSD bu he now was also incompetent and they should stop calling someone who cannot think for themselves.

The SSA woman bust out laughing-

Gary- this might well hold up your retro until they do the social survey BS to make sure your wife is competent- this held up a vet of mines VA Retro for 4-5 long months-

BUT- he was glad they did it- he would have spent it in a week-that isnt your case- you already showed us here how proficient you are with handling money-

maybe this is something to definitely discuss with Karl------

it could hold up your retro but then again it could protect your rating- how could they ever try to challenge your comp if they said you are incompetent- see what I mean?

Edited October 1, 2008 by Berta

[carlie]

Gary,

You haven't received the actual decision yet have you ?

carlie

[gdsnide]

Gary-you can challenge this if you want but this is a protection for many veterans- if I were you- either get a doctor to state that you are not incompetent at all or let the wife become your fiduciiary-

VA incompetence or SSA declaration of incompetence doesnt mean much- it sure doesnt mean some long lost relative can try to get your stuff-

VA said my husband was competent but SSA called him up and said they wanted to make me his SSA payee and declare him incompetent-when he was awarded a large amount of SSA retro-

the woman told him he could challenge them if he wanted to but he told her he liked it-

she asked why-

our main money problem was a student loan- he only owed about 600 bucks but they called here relentlessly after his CVA and he was told by someone- if he made one payment after becoming disabled-it would be hard to get the loan written off eventually-

A VA doctor did sign some forms and the student loan people did write off the balance-

but before that happened they called here relentlessly for money-

He told SSA now he could tell these people he not only had significant brain trauma and 100% PTSD bu he now was also incompetent and they should stop calling someone who cannot think for themselves.

The SSA woman bust out laughing-

Gary- this might well hold up your retro until they do the social survey BS to make sure your wife is competent- this held up a vet of mines VA Retro for 4-5 long months-

BUT- he was glad they did it- he would have spent it in a week-that isnt your case- you already showed us here how proficient you are with handling money-

maybe this is something to definitely discuss with Karl------

it could hold up your retro but then again it could protect your rating- how could they ever try to challenge your comp if they said you are incompetent- see what I mean?

Berta, More wisdom from my Mentor. Ya, as long as they will send it to my wife that is fine with me as she handles all the money as she always has & my job was to make some money. HA

Thank U once again

Ya, I sent a copy of my award to Karl Saturday & will just wait till he gets in touch.

Guess he'll want me to sign a POA before he starts as I know I would.

Oh ya, I talked to some Lady last week at his Office as he was out & told her Berta told me about him & she knew who U were right away.

Impressive, if I may say so.

GARY