How to avoid being saddled with a Fiduciary agent.

[rwskitch]

 I'd like to 'pick everyone's brain' on what I can do to cover my arse due to my last C & P examiners 'no' remark concerning 'the veteran not being able to manage his/hers financial affairs,' in the C & P's competency section…! I've seen my VA shrink since then and followed 'Pete992's' advice and asked him to make a note in my Progress report, he denied and suggested that I see the VA's Mental Health Social Worker instead and get an evaluation from him. Can I get some input on whether this would be a good move to keep my retro $ in my pocket and one step towards avoiding the VARO's recent trend to saddle us veterans with some phone call ignoring Fiduciary…?

 

[Vync]

It took me 8 to 10 years just to get comfortable with this one Vync, I've thought of this but I have the 'trust' issues and starting at square one could be timely in building the trust again, also would 'changing horses mid race' be a good thing, this shrink pegged me PTSD years ago and hit the nail on the head, while the others missed by stating I was manic, then bipolar, and for over 10 years now PTSD.

I understand, but don't think of it like that. I took one Psychology course in college. The first time I saw the instructor, he said, "I see you all decided to take a course in Psychology. Some of you took it because you needed credit for a science class. Others took it because it is in your degree curriculum. Regardless of the reason, you all made an excellent choice because everyone has a need for psychological education, whether they believe it or not." Some guy next to me was like, "Whoaaaa". It is possible to have more than one mental health conditon. It can change from one day to the next or one minute to the next. I'm not a psych expert, but it can benefit to read your doc's or social worker's notes. You'll notice a GAF score on some of those. This is a snapshot of how well they think you are functioning on that particular day. 100 is perfect, 0 is bad. They used to use it to evaluate people, but with the DSM V release, some providers don't as much. Some people have better days than others and this can be a factor too. Medication can also matter. Not all medication is perfect for everyone. Sometimes it is trial and error. Sometimes it just requires finding the right combo or right med to help. Some docs will see certain patterns and try to go in one direction, but they are human and another doc might interpret it differently. Learning about psychology can also help too. It gives insight. Even if you have been in the same boat for year after year, it can help.

[Chuck75]

A translated saying - - - "every man has his bird"

Anyway, my understanding is based on personal experience, It seems that each of us deviates in some manner from the "Norm" whatever that is. When things get out of hand, then Freud's crew get involved. It used to be that everyone had a different opinion, and all you could do was to see what was in common, what was mostly agreed to, and what was really "out there". It was also a given that the crew itself was usually more than a bit out of the norm. 

Back to the original "how do I avoid" question.  Assuming that the VA "proposes to appoint" a fiduciary, You disagree in writing, ask for a hearing, and so forth. It would help if you could get an IMO or even a court's decision that you are competent.  One of the concerns about the VA and it's "competency" is that it can adversely impact the right to own and carry weapons.

 

Edited December 8, 2015 by Chuck75

[rwskitch]

Bingo... Chuck, I've been in front of a civilian judge numerous times and I've seen the 'get a court's decision that you are competent' before here on Had it, but I'm at loss on how to get said declaration w/o offending the law, also w/the IMO is that from the civilian sector or something like what my shrink suggested when he dodged my request for making a note in my Progress Report and delegated the mental health social worker within the VA arena...?

[Vync]

The IMO could be from any psych doc. It does not have to be from the VA.

Keep in mind that if it comes down to the word of an LCSW vs. the word of a psychologist or psychiatrist, the LCSW is given less weight. However, if the LCSW makes the note and your psych doc endorses and countersigns it, it will be given full weight.

[Gastone]

Late 2013, my Divorced Bro-in law was receiving VA Pension and VA Cancer Treatment. He was basically housebound so I suggested that he file for A & A and Housebound. He did and was Awarded within a month or so. Only problem, he was also notified of the VA intent to appoint a Fiduciary based on his VA Cancer Dr's opinion (on the VA A & A Form) regarding his ability to handle his finances, due to depression. Up until that time, he had been handling all his bills, with no apparent problem.

Within a week of the Award, a VA Fiduciary Social Worker contacted him for an in-home meeting to discuss setting up the Fiduciary. It appears that once the VA Fiduciary ball is rolling, it's impossible to stop. The VA will decide who will be your Fiduciary, you can request a trusted relative but even then, there will still be monthly VA over-sight.

Not knowing exactly what to expect from the meeting and after doing some research, I advised him to transfer all his existing Direct Deposit Account funds into a New joint account with his daughter & sister.

At the meeting, the VA Social Worker agreed to hold off on the Fiduciary appointment. My wife was directed to handle all paying of bills and had to send a monthly accounting to the VA Fiduciary Social Worker for review. There was no official notification to his bank regarding an appointment of Fiduciary. The VA SW and I discussed my reason for the new bank account and the transfer of his existing funds, he smiled while nodding his head in the affirmative. Simply stated, "Good move, no problem."

As it turned out, my Bro-in law actually needed a Fiduciary, he had been giving his x-wife about $600.00 a month for incidentals and taking care of their 3 dogs.

Until you get your Fiduciary problem resolved, don't keep big $$ in your VA Direct Deposit Account.  Do you have a trusted relative that would be willing to be your Fiduciary? They have to be able to pass the VA background check, including credit  report.

Semper Fi

[rwskitch]

   This whole thing is a living nightmare, I cut up my wife's and my credit cards 26 yrs ago, after our 1st child and since then our credit reports have placed us both into the 'ghost' category. My wife I surely trust, she's put up w/me for 28 yrs now and we've been through everything imaginable, she'd pass everything except her credit rating, in which she has none established, looks like I'll do a secured credit card for her also to play it safe Gastone, I'm thankful that you reminded me of this from reading your previous post here on Had it concerning such, my memory is bad and I'll make a note of this on my to-do list, she'd be my 1st choice if it came to that, but what I'm tryin' to do is 'nip it in the bud,' before the man in the suit from the VA show's up, are they required by law/regs to notify me of this action...? All my 'ducks' are in a row, I'd like to play it safe and the idea of being declared competent by a court sounds great, I just need to figure out the necessary steps to make it happen and I'll make an appt. w/the VASW and pray that helps, brother. I just can't sit back and let some bozo be in charge of what's rightfully mine and my own...!