Question:

It is the biggest barrel of bull ever! My father in law during a VA doctor appointment was asked if he manages his money. He told the doc that he does but since he can’t see very well my husband has to enter everything in the computer for him. So this doctor puts in his records that he is incompetent and can no longer manage his funds. He was due a retroactive disability payment of $19,000 at that time. We get a letter stating that the fiduciary program was Inacted on his behalf. It said that someone would call to set up an interview time and a welfare check on him. He passed away a month later. 2 days after his death a VA representative came to our front door. No notice, no phone call like they said. Wow was he embarrassed when he asked for my father in law and we informed him that he had passed 2 days prior. He just stood there looking stupid because he knew damn well he was supposed to set up an appointment to even come to my home! Everything they do is obviously shady and sneaky. My father in law was not incompetent whatsoever. The thought that they would gain control and oversight of not only his VA benefits but also his entire financial portfolio is mind blowing to me. He set everything up correctly for end of life. He appointed my husband as durable power of attorney and estate trustee. He had everything in a living trust to be managed if he became incompetent at any time. He trusted my husband to care for him. He did not trust the government and he certainly didn’t want them handling his affairs. While we got out of this largely unscathed I feel terrible for all the others having to go through this. It should be illegal especially in the cases where the veteran already planned who to handle things. It’s none of their dang business. Now my question, they withheld his retro payment of course but now he has passed. Of course now they say they won’t send it and we have to file for my mother in law to receive it as a claimant for his estate. Now mother In Law is in a nursing home and husband also has durable POA, health proxy and living trust for her same as dad. Can the VA get involved in HER financials now? I told husband I didn’t think so as she is not a veteran herself but inky receiving eventually a payment basically as an estate creditor? Please tell me we won’t have to relive this nightmare again!?

Jim's Reply:

The VA fiduciary appointment program is poorly managed and creates a nightmare for many who fall victim to it. It's unfortunate that you will have little to no recourse without falling into the whirlpool of rules, regulations and unanswered telephones. The story you tell isn't unusual and doesn't surprise me in the least. VA doesn't pay any attention to civilian POAs, trusts and so on since it only addresses how VA money is used and the law gives VA authority to do that.

Your mother is likely the dependent who may or may not have any right to the accrued benefit money. You'll need to speak with a veterans law attorney who is experienced with probate and the VA process. You need an experienced veterans law attorney in your corner, I have doubts you'll be successful in navigating this on your own. Click https://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html