Question:
Hi Jim, found your website while searching for help. Just received a letter from the VA stating that I am unable to be my father’s fiduciary due to the credit report. Honestly, I think they are buying/wasting time at this point. My father trusts no one but be to handle his affairs. In fact, he has appointed me POA, both medical and financial. I’ll try to keep this short, I know my credit is not on the high end. I had a tragic event happen to me 4 years ago, and have had to rebuild my credit ever since. I was thankful to be able to purchase a car in 2016 with payments. I’ve made every payment since, 100%! It’s even noted on credit karma. The only other thing that could be derogatory to my credit report is an outstanding medical bill, which I’m disputing. So, how can the VA say I’m unable to be appointed fiduciary for my father when I handle literally everything for him. He has 4 basal cell carcinomas that I have been taking him to the doctor to be removed every week for the past four weeks. Every VA appointment, every Depends bought from Amazon, every biofreeze for his joints, etc. I have done everything for my father. I’m sorry, this is so long, I’m venting. But, this is upsetting and I have no one to track to about it. It’s just my father and I when it comes to his affairs. So how can the VA do this? What can I do, if anything?
Jim's Reply:
"How can the VA do this?" That's a common question with the same answer every time...the law allows them to. The rules and regs that you're running into are derived from laws that have been promulgated over time by the federal government. Your credit report didn't pass muster so VA appointed a fiduciary of their choice. This isn't to say they are right or doing the right thing but they can certainly do that. It matters not that you or he may not approve or that he won't trust someone else...unless you appeal the decision and get it all back in your hands, it is what it is. If you care to appeal all of this you'll need a veterans law attorney to guide you. Click here for information on how to do that.