Appointing a Fiduciary When a Disabled Veteran is Declared Incompetent

Your battle for keeping your rights to disability compensation as a veteran may not end even after approval. The Department of Veterans Affairs (VA) monitors a veterans’ mental health and may intervene when a veteran is no longer able to make sound decisions for themselves.

When a disabled veteran receiving benefits is declared incompetent, the VA appoints a fiduciary to manage their financial affairs. In 2011, there were an estimated 110,000 veterans whose benefit accounts were managed by VA fiduciaries.

The Role of a Disabled Veterans’ Fiduciary

A fiduciary is a representative appointed to receive the VA disability check and other compensation paid by the VA on behalf of a beneficiary who has been designated as incompetent or incapacitated. A fiduciary doesn’t necessarily have to be a person; it can also be an organization.

The VA states that they generally attempt to appoint a family member or close personal friend to act as a disabled veterans’ fiduciary; however, if no such personal relation is available to serve, the VA will appoint a qualified party to serve on the veterans’ behalf.

Applying to be Designated the Fiduciary of Your Disabled Veteran

When it’s apparent that your loved one needs assistance in managing their VA benefits you’ll need to apply to the VA to be designated as a fiduciary. The basic process is fairly straightforward and involves submitting a request to your VA Regional Office.

Along with your request, you’ll need to submit a good deal of evidence supporting your qualifications, such as your veteran’s medical records. You also may need to submit proof of your connection to the veteran, such as family records or personal associations.

Once there’s a candidate selected to be appointed as a disabled veterans’ fiduciary they must go through an assessment by the VA.

Some of the points that are considered include: 

• criminal and background checks;
• review of the fiduciary’s willingness to serve;
• confirmation of understanding of all agreements;
• credit report review;
• interviews with character witnesses; and
• an interview with a VA representative.

The VA often challenges requests if there’s a lack of supporting evidence that someone other than a VA-approved party should serve as fiduciary. While this is done to protect the veterans’ best interests and avoid VA disability check and benefit fraud, it can be frustrating for cases where a family member is only seeking to help their loved one.

When It’s Time to Contact a South Florida Veterans Disability Representative

Applying for veterans’ disability benefits can be a draining process and there may be further issues with your VA disability check and benefits even after you are approved. A South Florida veteran’s disability representative can help you through all stages of the claims process, from the initial filing to appeals and making sure your rights to veterans’ disability benefits are protected.

When you’re ready to get started, contact the Disability Help Group to begin your claim. Our state-of-the-art, customized intake, and database system means less hassle, so you can focus on what’s most important to you instead of having to spend your days wading through confusing legalese and legal red tape. Contact us here today.