110,000 veterans’ accounts under fiduciary management

Court Rules Against V.A. on Fiduciaries
By JOHN SCHWARTZ
A federal appeals court has told the Department of Veteran’s Affairs to loosen its grip on benefits decisions for veterans who have been declared incompetent.

The department appoints fiduciaries to manage the benefits of veterans who are no longer able to take care of themselves. There are 110,000 veterans’ accounts under fiduciary management, and the total value is about $3.2 billion.

Veterans’ families have argued in several recent cases that they do not want the financial minders appointed by the department, as an article in The New York Times reported earlier this month.

When families have sued, however, the department has generally argued that while families may have input in the decision to appoint a fiduciary, once the minder is in place the relationship is solely within the jurisdiction of the Department of Veterans Affairs and is not subject to judicial review.

On Tuesday, the United States Court of Appeals for Veterans Claims in Washington ordered the secretary of Veterans Affairs and his department to take a second look at that argument.
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Court Rules Against V.A. on Fiduciaries