Remove Feduciary

[Double-A.Wink]

Hello,

I am 100% service connected veteran. I was recently in a locked Psychiatric Facility that the VA paid for. I was there for a year. I deal with the symptoms of schizo-affective disorder in many different ways. one way that doesnt really work is drugs. i would use drugs to make the voices go away. it would work but only for a short time. after i would come down the voices would be even more active which lead me to use again and again. This created a vicious cycle and it wont me up in a locked psych facility not once but twice. i have been clean now for 9 months and 22 days. i feel i am financially competent and can handle my own financial affairs. i have been with the VA Feduciary program for close to 2 years. i am tired of having to ask for money. Im only getting 50 a week and i have things i need. He is doing his job but i just want to be given control of my finances. what do i do? i know i will need a doctors note and i have a doctor that will help after a couple months have gone by and i demonstrate i can responsibly handle my funds. what else is there to do? what can i do to speed up the process?

[Berta]

The VA revised their Fiduciary rules in July 2018:

https://www.federalregister.gov/documents/2018/07/13/2018-14856/fiduciary-activities

In part the rules state this:

" Specifically in proposed § 13.30(b)(10)(i)(B), we prescribed that a beneficiary has the right to be removed from the fiduciary program if a court of jurisdiction determines the beneficiary is able to manage his or her financial affairs. There are beneficiaries in the fiduciary program who are determined to be unable to manage their financial affairs by a court and without any rating decision by VA. It is our intent that these beneficiaries will have the right to be removed from the fiduciary program if the court makes a determination that the beneficiary is able to manage his or her financial affairs. Accordingly, we have revised proposed § 13.30(b)(10)(i)(B) to clarify that a beneficiary who is in the fiduciary program based upon a court determination that he or she cannot manage financial affairs may be removed from the fiduciary program if the court later determines that the beneficiary can manage his or her financial affairs. Other beneficiaries, who are in the fiduciary program as a result of a VA rating decision, may also submit evidence from a court regarding their ability to manage VA benefits. However, such evidence will be forwarded to a VA rating authority for a decision regarding whether the beneficiary is able to manage his or her VA benefits, as the rating authority has sole responsibility for making such determinations. See 38 CFR 3.353.

 

This is the key part:

"Accordingly, we have revised proposed § 13.30(b)(10)(i)(B) to clarify that a beneficiary who is in the fiduciary program based upon a court determination that he or she cannot manage financial affairs may be removed from the fiduciary program if the court later determines that the beneficiary can manage his or her financial affairs. Other beneficiaries, who are in the fiduciary program as a result of a VA rating decision, may also submit evidence from a court regarding their ability to manage VA benefits."

Obviously this involves, in both types of requests for removal from the fiduciary program- a court decision that verifies the veteran is able to manage their financial affairs themselves.

The rule change above has this contact info:

 

"FOR FURTHER INFORMATION CONTACT:

Ms. Savitri Persaud, Analyst, Pension and Fiduciary Service, Department of Veterans Affairs, 810 Vermont Ave., NW, Washington, DC 20420; (202) 632-8863 (this is not a toll-free number)."

This article by a veteran law form might help you:

https://cck-law.com/news/what-a-va-incompetency-proposal-means-and-how-to-fight-it/

 

[broncovet]

I understand where you are coming from.  It wasnt enough we had to fight VA for our benefits, we (sometimes ) have to fight them again to be able to KEEP our money.  

I suggest you call CCK or another Vets law firm and seek their guidance.  

Some may represent you without cost (pro bono).  

Here is a "hint" that "may" help.  

Call your fiduciary and ask him for an accounting:  Where is your money going?

They should be able to provide same.  

If a doctor told the VA you are "unable to manage your finances", then it will generally take another doctor (such as an IMO) to refute this medical evidence.  

Do you have a trusted doc to go to who would write you a letter or at least put in your notes you are competent?

An alternative is to have a trusted friend/family member as a fiduciary.  Maybe someone who will make sure your bills are paid, but, after those are paid will give you money when you request it.  

Did you know you can automate bill payment for many/most bills, such as car payments, house payments, utilities, etc. online?  

In other words if your car payment is 350 per month you can set up automatic payment so its paid, even if you are in the hospital.