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How to avoid being saddled with a Fiduciary agent.

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rwskitch

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 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…?

 

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  • Content Curator/HadIt.com Elder

In my opinion, having no credit rating is better than having a derogatory credit rating for this purpose. It is like they are just wanting to make sure no blemishes are present.

It sounds like you have a good plan.

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I have no first hand experience with this however from what i have read, heard, etc its dependent on you and your history.

If you are making a claim based on you forgetting stuff like paying bills, being to depressed to do it, then they just might saddle you with being "unfit to handle finances".

 

However if you have a decent credit rating, dont have too many late payments, a few here and there you should be fine.

Doesnt mean the VA couldnt try and do it, but you would have a good shot at overturning it if you can say "Hey i pay all my bills on time, i dont have a bunch of debt, no more than the average american, i have nothing in collections, etc"  you should be fine.

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You absolutely have to be notified regarding the VA intent to appoint a Fiduciary and offered an opportunity to Disagree with the Appointment.

Keep in mind, something in your claim, C&P DBQ or ?Whatever, has put the VA on your scent as to the need of a Fiduciary appointment. I think immediately after the Fiduciary appointment letter, you will be contacted by a VA Fiduciary Social Worker. Don't blow them off but start making some moves. You need to clear up or correct the error that indicates your inability to manage your own financial affairs.

When you receive the Fiduciary Intent Letter, your also advised of your rights regarding disagreeing with the appointment and how to Officially Dispute the appointment.

Semper Fi

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   Thanks brothers for all the good advice, now to put it into action...!

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As to the "credit rating," keep in mind the VA has a list of Professional Fiduciary's (For Pay) that are Bonded, your friend or relative isn't. The VA has to be sure that whoever they appoint to be a Vet's Fiduciary, is qualified. You've heard the old saying, "Best way to loose friends and relatives, is lend money." Can you imagine how your relationships would suffer, if a relative or friend screwed with your Comp $$, even if unintentional?

At least with the Professional Fiduciary, bonded & Insured, you'd have financial recourse.

Semper Fi

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This 'fiduciary' program employed by the VA has been a literal nightmare for many, many of our veteran brothers and sisters. When you get some spare time please research some concerning this 'good idea gone bad' and read this article, http://www.theveteransvoice.com/VA-S-FIDUCIARY-PROGRAM--A-GOOD-IDEA-GONE-VERY--VERY-BAD.html and this one Gastone, http://www.utvet.com/Fiduciary/DougRosinskiTestimony.html There's so many horrific articles online about what the veteran's family and loved ones, including the disabled veteran him/herself currently are experiencing having been saddled with a VA appointed fiduciary...! Please read these two articles to see why I'm so upset with what the C&P examiner checked in the box concerning me not be able to 'manage my financial affairs' and do some more computer research about this area of how so many veterans are victimized by these people who, as they proclaim, 'only want to help,' and see if you feel the same way I do Gastone and why I'm reaching out for input on what I can do beforehand  to prevent myself and my loved ones from such a living nightmare...!

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