VA will appoint fiduciary

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Jim Strickland is a nationally known advocate for veterans and a member of the Stateside Legal Advisory Board. This column appears with his permission. Jim's opinions are his own.

NOTE: Letters in my Q&A columns are reprinted just as they come to me. Spelling and grammar are left as is and only small corrections are made to improve readability, ensure anonymity or delete expletives that may offend some readers. This is not legal advice. You should always seek the advice of an attorney who is qualified in Veterans' law before you make any decisions about your own benefits.

Jim,

VA says they are giving me a feduciary. Will I be able to have my parents as feduciary? How does that work? Will I just tell the field examiner that I choose my parents? Do you have a template or some suggestions/additions that you have that I can add to my letter to appeal the need for a VA appointed feduciary? I looked at the templates on your website and none are specifically for feduciary cases.

Reply:

The field examiner will consider your parents. If they meet the standard of excellent credit and no financial difficulty, they may be assigned the role. If they have too much debt, bad credit or a bankruptcy, it's likely VA will appoint an outside fiduciary. It is not your choice. You can use the basic template I provide to write your own letter.