Fiduciary..is it the horror that I keep reading about..?????

[msh789]

Sorry to ask more questions, but this is confusing and even a little scary.. 

The Field Examiner is coming this week to interview my dad (100% disabled) and also my brother, whom dad wants to be his fiduciary.  I am reading some horror stories about all of this.  Apparently if my brother is appointed, he has to report to (?) the field examiner regularly..? I've also read in more than ones pot that the VA will try and remove a amily member as iduciary and get a VA-appointed fiduciary, and that is where problems come in of possible fraud, misuse of the vet's funds by the VA-appointed fiduciary,  even dipping into the vet's other bank accounts and insurance policies, embezzling, on and on...it sounds like it could be a nightmare!!!! And even if the family member is approved, I've read that the VA can deny expenses..necessary expenses..It sounds like a plethora of problems and I've been reading about crooked VA fiduciaries, to say the least... 

This all makes me sick bc my dad worked very hard all his life and he gave a lot in military service and he has suffered years (decades!!) of problems (hearing loss just being one) bc of his service in the war....Is this whole fiduciary process the potential fiasco that I am reading about..? 

Sorry if there are typos..I went thru this to try and make sure there wasn't any typos....but it's late here and my wheels at night go into overdrive with worry...

[msh789]

So what I am gathering from the replies here is it's best to have a trusted non-family member attorney as the fiduciary..? Dad won't go for that, sadly.. I tried to 'heart' all the replies but can't..Thank you all!! If the brother is the fiduciary, is an attorney still needed..? I don't know if dad has a living trust/ trustee, but brother is POA and dad has a will and a living will and brother himself is also an attorney. I need to find out if dad has a trustee....If not, I highly doubt he will get one now, he is going to be 89 next month and everything is quite an ordeal for him. I guess as it is now, at least having a family member is better than the VA in charge as fiduciary....? My worry is that the VA can somehow remove the family member and the VA would take over as the fiduciary and then the mess would possibly start..? Guess I still have more questions, like to find out if dad has a living trust and if so, who his trustee is.. My family always let the attorney brother handle everything and kept me in the dark a lot of times... Thanks again for all the replies..   

 

Edit to add: Texted brother and he said dad has no living trust..wow..And like I suspected, dad is pretty much too old to get one now, and especially since the VA "found" him to be incompetent..

 

Edited September 24, 2019 by msh789

[GeekySquid]

2 minutes ago, msh789 said:

dad has a will and a living will and brother himself is also an attorney. I need to find out if dad has a trustee.

if he has a will he has an executor who is/can be a trustee.

2 minutes ago, msh789 said:

brother himself is also an attorney.

that works in your favor in this

3 minutes ago, msh789 said:

My worry is that the VA can somehow remove the family member and the VA would take over as the fiduciary and then the mess would possibly start..

The VA cannot force your dad to appoint the as the fiduciary.

If and only if financial impropriety happens and is proven can they step in.

The big problem for most people is the VA and their paperwork and audits. but if your brother is a lawyer it should not be an issue.

4 minutes ago, msh789 said:

kept me in the dark a lot of times

that is a whole different issue for you and your family to resolve. but as far as the VA and having a conservator it should not be any of their business.

Your brother should know all of this as a lawyer

[msh789]

Thank you, GeekySquid.. 

[GeekySquid]

6 minutes ago, msh789 said:

Thank you, GeekySquid.. 

welcome.. good luck