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Beneficiary
What is the Fiduciary Program?
The purpose of the Department of Veterans Affairs (VA) Fiduciary Program is to protect beneficiaries who are unable to manage their VA benefits through the appointment and oversight of a fiduciary. Beneficiaries include Veterans, surviving spouse, dependent parents, minor children (including minor apportionee), and certain helpless children who are entitled to receive VA benefits, including proceeds of VA insurance.
VA will conduct a field examination to appoint a fiduciary to assist you if you have been determined unable to manage your VA benefits due to:
- Injury
- Disease
- The infirmities of advanced age, or being less than the age of majority
- Judicial determination of inability to manage affairs
The VA Field Examination
A VA field examination will be scheduled for the purpose of appointing a fiduciary to assist you in managing your VA benefits.
During the field examination, please have the following information available for review by the field examiner:
- Photo identification.
- The source and amount of all monthly bills, recurring expenses (annual, bi-annual, quarterly, etc.), and income.
- A list of all assets, including bank accounts, property, stocks, bonds, life insurance, burial plans, etc.
- Name, phone number, and address of your next of kin.
Selection Process
During the selection process, the VA will first seek to qualify the individual you desire to serve as your fiduciary.
The fiduciary selection is based on an assessment of the qualifications of the proposed fiduciary. When seeking a fiduciary, the following may be considered:
- Beneficiary’s preference
- A spouse or other relative
- Chief officer of a public or private institution in which the beneficiary receives care, or a professional fiduciary
An assessment may include, but is not limited to:
- Willingness to serve and fulfill the responsibilities of a fiduciary
- An interview with prospective fiduciary, a credit history check
- Criminal background inquiry
The determination that you are unable to manage your VA benefits does not affect your non-VA finances, or your right to vote or contract. However, any person whom VA rated as unable to handle their VA funds is disqualified from possessing, shipping, transforming, or receiving firearms or ammunition per the Brady Handgun Violence Prevention Act.
As of March 2024, VA only reports the names of incompetent beneficiaries to the FBI if there is an order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that an incompetent beneficiary is a danger to self or others.
If you disagree with the VA's final decision:
- Submit VA Form 20-0995 for a Supplemental Claim
- Submit VA Form 20-0996 for a Higher-Level Review
- Submit VA Form 10182 for a Board Appeal
We will review your case and consider any additional evidence you provide. If we change our decision, we will notify you in writing.
You have one year from the date of the notification letter regarding the selection of your fiduciary. Your decision review option form must be postmarked or received within this period.