Appointment of a Fiduciary by VA

Jim,

I found out about your website on the Veterans Bulliten Board and I was wondering if you could provide me with some advice, I'm at the end of my rope.

I was deemed incompetent by the VA due to my Bipolar Disorder. I have been trying to get the VA to allow my wife to become my fiduciary. Currently the VA has appointed a Lawyer in Albany, GA to be my fiduciary. I have been trying to get the VA to change this for over 2 years. I have done everything in my power to find someone to help me. I have used the 1-800 number, I have had representatives from the VA hospital to send forms. I do not have the money to get a lawyer to fight the VA. I even called a number direct to the fiduciary office in Decatur, GA, a machine answered and said this number was only for goverment employees. Can you please give me any advice on what to do. Thank you for your time.

Reply:

Dealing with the appointment of a fiduciary by VA has proven to be very challenging. You should carefully read this http://www.jimstrickland912.com/Fiduciary_Appointments.html and follow it as best you are able.

Your very best option is to begin to build a paper trail of evidence as to why you no longer need a fiduciary. That trail would include letters from mental health providers supporting you and any documents that would demonstrate that you have been managing your life well.

You must also petition the VA formally before any action can occur. That means that you should write a letter to your regional office with the formal request that you be released from the fiduciary program. The letter must be posted to the RO by certified mail, RRR.

Telephone calls are rarely productive. I don’t recommend the use of a fax machine or emails. The certified letter will get some attention and force a review of your case. If you are denied, then you may appeal higher up the chain.

Good luck.


Source URL: https://www.statesidelegal.org/Appointment-of-a-Fiduciary