The VA fiduciary program manages benefits for veterans, surviving spouses, and other beneficiaries who VA determines are unable to manage their own financial affairs due to a mental or physical condition. If VA proposes to find you incompetent, you have the right to challenge that determination. A finding of incompetence means VA appoints a fiduciary, either a family member or a professional, to receive and manage your benefit payments on your behalf. VA must follow specific procedures before appointing a fiduciary. You receive notice of the proposed incompetency finding and have 60 days to respond with evidence that you are competent to manage your finances. You can submit statements from your doctor, financial records showing you manage your affairs responsibly, or any other relevant evidence. If VA proceeds with the incompetency finding, a fiduciary is appointed after an investigation that includes a face-to-face visit with you and potential fiduciaries. The fiduciary must account for how your funds are spent and is subject to oversight by the VA fiduciary hub. If you are under the fiduciary program and believe you are now capable of managing your own affairs, you can request a competency review. Provide medical evidence showing improvement in your condition and evidence of your ability to handle finances. The incompetency finding does not affect your disability rating or the amount of compensation you receive.
Note: This article references sections of the VA's M21-1 Adjudication Procedures Manual. The VA periodically reorganizes the M21-1 and section numbers may have changed since this article was written. For the most current section references, visit the VA's public M21-1 Web Automated Reference Material System (WARMS).