VA Fiduciary Program Overview

The Veterans Benefits Administration's Fiduciary Program aims to provide oversight for vulnerable beneficiaries who are unable to manage their VA benefits. The program involves a competency determination process, including medical opinions and court determinations, to ensure the proper appointment of fiduciaries for beneficiaries. The process starts with evidence collection, followed by a proposal for financial competency. Until a beneficiary is rated incompetent by the VA, the fiduciary department has no jurisdiction over their benefits management.

• Veterans Benefits Administration
• Fiduciary Program
• VA benefits
• Competency Determination
• Fiduciary Appointment

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1. VETERANS BENEFITS ADMINISTRATION VA FIDUCIARY PROGRAM VA FIDUCIARY PROGRAM October 19, 2021 Presented to California Veteran Service Office Conference 1

2. SALT LAKE CITY HUB PRESENTERS Field Examiners: Joanna Blomquist Alaska OPA and Public Guardians

3. Introductions Salt Lake City Fiduciary Hub Field Examiner Joanna Blomquist INTRODUCTIONS Areas of topics Fiduciary national hubs Intro to process for incompetency 10/13/2021 3

4. National VA Fiduciary Hub Locations 4

5. VA competency determination process Overview of rating Medical Opinion Court Determination Fiduciary Hub Responsibilities Fiduciary of Choice Appointment Process Misuse- Referral and process VBA Benefits and Debt Management Center (DMC) Contact resources for VA AGENDA 5

6. VA INCOMPETENCY PROCESS: RATING 10/13/2021 6

7. The Fiduciary Program provides oversight of the VA s most vulnerable beneficiaries who are unable to manage their VA benefits FIDUCIARY PROGRAM VA competency determination process Overview of process Medical Opinion Court determination 10/13/2021 7

8. Overview of incompetency rating process

9. Until a beneficiary is rated incompetent (unable to manage funds) by the VA, the VA Fiduciary Department has no jurisdiction. It is VA s policy that every beneficiary has the right to manage his or her VA benefits The process starts when they received evidence from: An exam, a medical provider or a statement by the beneficiary or veteran. Next, a proposal of financial competency letter is sent, giving 60 days for a response containing other medical evidence. A waiver to move forward with the rating can also be sent from the beneficiary. A final rating is completed, and notice is given to the beneficiary by letter. The rating can be reviewed anytime medical evidence is received. The rating has no bearing on the compensation award or amount

10. Acceptable Evidence 10/13/2021 10

11. VA Form 21-2680, Examination for Housebound Status or Permanent Need for Regular Aid and Attendance. (Ref P. 2, Item 32) This form, when signed by a doctor, is a medical opinion which addresses capacity to manage benefits. Types of Medical Evidence C&P Mental Health Examinations (DBQ) may also address capacity; therefore, a Veteran may be rated incompetent along with another MH rating determination. A Physician s letter/ Medical Opinion should be on letterhead and signed by the Doctor. The doctor s letter should include a diagnosis and a specific statement regarding the beneficiary s capacity to manage their funds.

12. MEDICAL OPINION RATINGS

13. MEDICAL OPINION RATING The Veterans Service Center (VSC) or Pension Management Center (PMC) completes a Proposed Rating based on the evidence provided. A 60-day Due Process Period is provided for response. After the required 60-day due process period or if it is waived, the Fiduciary HUB completes the Final Rating , and a Field Examiner will appoint a Fiduciary. Due process is not required if a beneficiary has been found incompetent by court decree. You may submit court documentation directly to the Fiduciary HUB

14. COURT RATINGS VETERANS

15. VETERAN COURT COMPETENCY Judicial findings regarding a Veteran s inability to manage his/her affairs are not binding on the Regional Office (RO) rating activity. If court documentation is received which declares a Veteran unable to manage financial affairs, then rating action is required to determine if VA concurs with the court s finding. In this circumstance, it is not necessary to propose a rating of an inability to manage VA benefits. Instead, the RO rating activity will review the evidence available and issue a rating based on that evidence. JUDICIAL DETERMINATION OF AN INABILITY TO MANAGE AFFAIRS FOR A VETERAN

16. PROCESS OF APPOINTMENT TO FIDUCIARY

17. FIDUCIARY PROCESS Interview of beneficiary for preference of fiduciary choice Fiduciary appointment After the rating is completed, the fiduciary hub starts their work: Financial oversite Financial oversight and protection of funds Misuse and oversite

18. INTERVIEW BENEFICIARY Initial meeting Explains process Overview role of VA 10/13/2021 18

19. A spouse or family member FIDUCIARY ORDER OF PREFERENCE Court-appointed fiduciaries Another interested party, or A professional fiduciary 10/13/2021 19

20. Decision of fiduciary based on: 1. 2. Personal interview with the beneficiary. An assessment of the qualification of a proposed fiduciary may include, but is not limited to the willingness to serve and fulfill the responsibilities of a fiduciary an interview with the prospective fiduciary a credit history check, and a criminal background inquiry Continued oversight with visits and accountings DECISION 3. Alaska OPA and Public Guardians

21. MISUSE 10/13/2021 21

22. Improper Use Fiduciary s unwise expenditure or use of VA benefits in a manner that is not in the beneficiary s best interest showing -poor judgement. OR Fiduciary s unwise expenditure did benefit the beneficiary, but it wasn t a good decision. Misuse 38 U.S.C. 6106 states misuse occurs when a fiduciary uses a beneficiary s benefit payments for a use other than the use and benefit of the beneficiary or the beneficiary's dependents. Fraud The continued acceptance of VA benefits after the entitlement ceases to exist. (referred to VA/OIG) MISUSE & NEGLIGENCE SCENARIO 10/13/2021 22

23. MISUSE & NEGLIGENCE ALLEGATION FORMS Use and benefit is any expense reasonably intended for the care, support, or maintenance of the beneficiary or the beneficiary s dependents. Such expenses may include the fiduciary's efforts to improve the beneficiary's standard of living. The fiduciary hub must complete the entire misuse protocol, for any credible allegation of misuse, to include cases where the Veteran, beneficiary or fiduciary are deceased. 10/13/2021 23

24. Misuse & Negligence (Reporting): Notify the Salt Lake City Fiduciary Hub 1.888.407.0144, Option 6 MISUSE & NEGLIGENCE REPORTING Additional Information Required with Report Nature of the misuse Provide any documentary evidence to support the allegation (if available) 10/13/2021 24

25. THANK YOU Joanna Blomquist Joanna.Blomquist@va.gov (530)229-4517