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I have an issue and need help. I feel my rights are being violated in the name of a forced fiduciary.  I believe the VA is trying to make me look incompetent.  Help me please! I know this sounds crazy but if you really look into what is going on you see what I mean.  Please email me with suggestions how I can stop the VA from assigning me a fiduciary.  I do not want anyone listening. Please help!

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A1:  I had the same problem that the VA Psychologist didn't want or refused to sit one on one with me to correct his mistake.  (PD)  1/4/19

A2:  If VA is insisting, you should assign someone you trust yourself. If you want to challenge there suggestion you will need a treating physician to state you are capable of handeling your affairs, including finances. Please let me know if you have any other questions.  (TH)  1/4/19

A3:  Hello fellow veteran. I know all to well the threat of a fiduciary. Do not lose hope. When you receive the letter telling you about the incompetence issue, they give you 60 days to respond with correspondence. Basically, a letter telling them why you disagree with the decision, be sure to let them know that you alone handle your financial affairs and do not need anyone handling your money for you. Get a letter from another therapist declaring you competent. Letters from family and friends stating that you have always been independent and financially responsible. Also, ask for a hearing. This will delay the decision and force them to look at your evidence. You must ask for a hearing immediately before a decision is made. Once a decision is made, it's too late for a hearing. In order to have it reversed, you will have to put in another claim for mental health. The new C&P will reverse the old decision if you make sure to tell the doctor that you are competent and handle your own money.  (KJ)  1/4/19

A4:  I know this sounds corny but there is a page on Facebook called Veteran 2 Veteran info. Although it is a closed group all you have to do is tell them that you're a veteran and you need help and there's so much help available on that page maybe you can get a really good answer solid answer to your question.  (DH)  1/4/19

A5:  Never deal with the VA one on one..go to the DAV and explain the problem.  (BF)  1/4/19

A6:  Get yourself evaluated by your VA psychiatrist & an independent psychiatrist. You just have to pay fir the independent opinion. You can request your VA psychiatrist to outsource to get a second opinion. They probably won?t but it?s free to request.  (LK)  1/4/19

A7:   I have read your e-mail several times. You are not crazy.

The fiduciary and/or guardianship system is as corrupt as the Mafia. If I had a choice, however, I would pick the Mafia over any fiduciary/guardianship system.

Just as important is that there are multiple medical and legal list serves that deal just with these issues and many if not all of the members can see beyond the deceptions.

Go to any website that deals with these issues and there are pages and pages of atrocities that have been committed against the elderly and disabled and in particular our veterans.

Please contact a lawyer that deals specifically with probate or federal fiduciary-guardianship issues. If money is an issue try legal aid.

If you still are unsuccessful in fighting through the legalities of this corrupt system your last resort maybe to work through the VA.

As I recall there are some limited legal resources that might be available through the VA. This may depend on the state where you reside.

Finally, document, document, and document. Don't go to any meetings by yourself. If someone comes to your house make sure someone is there with you. Take pictures, notes, movies, etc. Watch what is said so that nothing can be held against you.

Good luck and my thoughts will be with you.  (SJ)  1/4/19

A8:   I too was deemed incompetant bc I didnt know the specifics of our monthly bills. I lost my 2A to a VA social worker. I did not receive due process.  (MB)  1/4/19

A9:  If you feel this way, hire you a Lawyer and or go to the American Legion and ask for help. Do not think everyone is out to get you, fight back with a lawyer. I feel the VA has treated me well, but if you have these feelings, request to see a psychiatrist, they will help you in the long run. I see one about every 3 months and she has helped me. Hope this helps. Good Luck.  (GS)  1/4/19

A10:  The President has set up a White House VA Hot-Line so Veterans can turn in VA problems and anything against you the veteran.
Also, you can Hire An Attorney and Sue the VA if they treat you in a way of Slander.  The number I found to the Veteran White House Hot-Line is:> 855-948-2311.  If that doesn't work, call the White House Switchboard.  (CS)  1/4/19

A11:   I would contact a VSO first off and write to your congressman. Then try to get hold of an attorney to check to see if your rights are being violated. Sounds to like they are and the VA wants to take control of you probably so they can save money by putting you into a veterans home instead of paying out the disability to you and assistance for helping you to stay independent. My best wishes and get any statements from people that know you and say you are capable to take care of yourself even if with some assistance if needed. My best wishes to you if that is what they are doing it for or that you may need the help and do not realize it. Do you have someone in your family that would want to have control of your assets and would gain from it as well. That is a possibility and why the VA is doing it because someone in your family has put them up to it. I have found out the hard way family sometimes can not be trusted even though you think they would never do something bad against you but they do behind your back. Let me know how your doing and I wish you well.  (JRM)  1/5/19

A12:  I had the same issue! They will send a fiduciary to do an initial evaluation and he will be able to see if you need one or not. Eventually they will see that you do not need one and will then deny the claim. You will not have to pay for a fiduciar unless you are found incompetent. Just stay focust and answer all his questions and you should be fine. (RA)  1/5/19

A13:  It looks like most of the advice you have been given already covers any advice I could give.  Many people said to hire an attorney. If you are like me, $300-400 an hour is not within my price range for fighting anything. We have had to resort to pro se litigation, which the courts treat as a joke. I think I would first try A10's suggestion. To be deemed unable to handle your finances is very bad, and must not be allowed to stand. The advice from A3 is good advice also, get anyone who knows that you can handle your finances to do an affidavit with the understanding that they may, in the end be required to tell it to the court in person.  Also you should have the option of a family member or close friend to help you with your finances, do not accept a VA appointed fiduciary, they will only rob you blind, and most likely put you into a home somewhere while they rob you blind. A4 suggested joining Veteran 2 Veteran, a good idea as well.  Looks as though people have sincerely given you good advice. I hope you will let us know how it turns out for you.
Sincerely, a truly caring person.  (JM)  1/5/19

A14:  I have always contacted the Vietnam Veterans of America office. I have found them to be the most helpful. At least her in MA Boston Office or where you live. Take care Brother.  (PG)  1/8/19

A15:  Every VA hospital has a Patient Advocate. He is there to help Veterans with those kinds of problems. Go see them and explain the problem...They should be able to help.  Be Patient and Persistent.  Take Care, My Brother.   (RA)  1/21/19  


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