ptsd How To Spend My Money

[Alb]

I was awarded 100% SC PTSD. VA found me incompetent. My husband is going to handle my financial affairs. Does this mean when the retro money hits the bank, I have to ask the VA how to spend my money? We want to use all the retro pay to pay off our mortgage. Is this going to be a problem taking out all of the money for this purpose. Is there a limit on how much money you can draw out? How can they control what comes out of your bank account? I mean, if the money is in your account, how does the VA control your spending limit. ( if there is any)

[purple]

as far as i know you don't have to report to the VA how you spend your money....it just means that your hubby controls how it's spent.

but i do believe you (your hubby) have to keep receipts on how the money is spent. i'm no expert on this subject though...i'm sure others will answer as well.

[Pete53]

Paying off your mortgage would be a smart thing to do. Your husband will have to fill out forms to show how money is spent. Be sure and carefully read any instructions that you are given.

Good Luck

[Testvet]

my ex wife and her husband have to show SS how they spent my son's SSD check annually as long as there are legitimate expenses they have no problems 30% for housing, 20% for food, 10% for clothes, 10% for entertainment etc, I imagine it would be the same to account for your funds just comply with their documentation requests and do not let them appoint an "fiduciary for you" like CPA or a lawyer etc they take it out of your funds so make sure whatever forms they send get filled out and returned on time

[Bonnie]

I wish I could help you but instead am asking you to help me. I am about to be rated incompetent. How did you get your husband as fidiciary? They told me they would get me one of their chosing. Did they pay you while you were waiting for your appointed fidiciary? How long did it take? Are you appealing? Anything you could tell me on this subject would help. Thank You Bonnie

[Pete53]

Bonnie:

If you have a relative willing to do it the VA has to go with your choice. If they do not contact the Inspector General.

A couple of years ago a Dallas TV Station did a show on Waco TX RO giving the fiduciary to old cronies and the cronies more or less stealing the Vets money. It did not sit well with the general public and I think it changed soon after that.

If you can show that you can pay your bills they more or less have to let you do it.

Good Lcuk

[carlie]

Bonnie,

They can appoint your husband.

Now I'm not saying your husband is like this,

but I think there maybe some kind of rules

if there is Domestic Violence involved or the

spouse has a felony record, that could prevent the spouse

from being the fiduciary. I seem to remember

something about this a long time ago.

The Fiduciary is who determines how money can be spent.

Here is the rule showing they can appoint your spouse.

I have enlarged the rule that would pertain to your question,

just scroll down.

Hope this helps a vet.

carlie

http://edocket.access.gpo.gov/cfr_2008/jul.../38cfr3.353.pdf

38 CFR

§ 3.353 Determinations of incompetency

and competency.

(a) Definition of mental incompetency.

A mentally incompetent person is one

who because of injury or disease lacks

the mental capacity to contract or to

manage his or her own affairs, including

disbursement of funds without limitation.

(b) Authority. (1) Rating agencies

have sole authority to make official

determinations of competency and incompetency

for purposes of: insurance

(38 U.S.C. 1922), and, subject to § 13.56 of

this chapter, disbursement of benefits.

Such determinations are final and

binding on field stations for these purposes.

(2) Where the beneficiary is rated incompetent,

the Veterans Service Center

Manager will develop information

as to the beneficiary’s social, economic

and industrial adjustment; appoint (or

recommend appointment of) a fiduciary

as provided in § 13.55 of this chapter;

select a method of disbursing payment

as provided in § 13.56 of this chapter,

or in the case of a married beneficiary,

appoint the beneficiary’s

spouse to receive payments as provided

in § 13.57 of this chapter; and authorize

disbursement of the benefit.

(3) If in the course of fulfilling the responsibilities

assigned in paragraph

(b)(2) the Veterans Service Center Manager

develops evidence indicating that

the beneficiary may be capable of administering

the funds payable without

limitation, he or she will refer that evidence

to the rating agency with a

statement as to his or her findings. The

rating agency will consider this evidence,

together with all other evidence

of record, to determine whether its

prior determination of incompetency

should remain in effect. Reexamination

may be requested as provided in

§ 3.327(a) if necessary to properly evaluate

the beneficiary’s mental capacity

to contract or manage his or her own

affairs.

© Medical opinion. Unless the medical

evidence is clear, convincing and

leaves no doubt as to the person’s incompetency,

the rating agency will

make no determination of incompetency

without a definite expression

regarding the question by the responsible

medical authorities. Considerations

of medical opinions will be in

accordance with the principles in paragraph

(a) of this section. Determinations

relative to incompetency should

be based upon all evidence of record

and there should be a consistent relationship

between the percentage of disability,

facts relating to commitment

or hospitalization and the holding of

incompetency.

(d) Presumption in favor of competency.

Where reasonable doubt arises regarding

a beneficiary’s mental capacity to

contract or to manage his or her own

affairs, including the disbursement of

funds without limitation, such doubt

will be resolved in favor of competency

(see § 3.102 on reasonable doubt).

(e) Due process. Whenever it is proposed

to make an incompetency determination,

the beneficiary will be notified

of the proposed action and of the

right to a hearing as provided in § 3.103.

Such notice is not necessary if the beneficiary

has been declared incompetent

by a court of competent jurisdiction or

if a guardian has been appointed for

the beneficiary based upon a court

finding of incompetency. If a hearing is

requested it must be held prior to a

rating decision of incompetency. Failure

or refusal of the beneficiary after

proper notice to request or cooperate

in such a hearing will not preclude a

rating decision based on the evidence

of record.

(Authority: 38 U.S.C. 501(a))

[36 FR 19020, Sept. 25, 1971, and 40 FR 1241,

Jan. 7, 1975, as amended at 42 FR 2069, Jan.

10, 1977; 58 FR 37856, July 14, 1993; 60 FR 55792,

Nov. 3, 1995; 66 FR 48560, Sept. 21, 2001; 67 FR

46868, July 17, 2002; 68 FR 34542, June 10, 2003]