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…?

 

[Chuck75]

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...?

"but I'm at loss on how to get said declaration w/o offending the law"

The question comes up in civil suits and various actions as well as criminal cases.

I'd think that there is enough difference in the laws and practices in different jurisdictions that I'd ask a lawyer and/or a court clerk to start with. In the "old" days, a private physician' statement was enough for most situations. Today, and since the VA is involved, who knows.

But, somewhere in the VA regs/laws, competency and a court are mentioned as authoritative. Where I am, as far as I know, the circuit judge's court would be enough.  Where I live an "informal" or inferred opinion might be based upon the court's issuance of a concealed carry license/permit. ( I have no idea what the VA would think of that!)

I suppose if you needed to hammer all the nails down, and had some way to get a ruling from the Federal District court,

That would really put a stop to the VA's screwing around!

 

 

Edited December 10, 2015 by Chuck75