Is anyone familiar on filing a motion with the Veterans Affairs to become a trustee (because a family member is financially irresponsible)?

SPC Private RallyPoint Member — Sun, 17 Jun 2018 04:25:53 -0400

I have a family member who is 100% permanently disabled. They have proven over the last decade they`re financially irresponsible, and it`s only getting worse. They have gone as far as to opening credit cards in their kids names and defaulting on payments. Which is an open and shut case for jail time. However , if they went to jail the primary income for supporting my niece and nephew would go with them. The person was under chapter 13 bankruptcy and recently moved to chapter 7 bankruptcy to avoid paying rent to another family member. No rent money being paid out, mortgage does not get paid. Said person has also had a house foreclosed on them in the past year. Leaving them technically homeless for a couple of weeks, and it`s about to happen again. The veteran makes over 3,000$ per month. They`re just not fit to handle their money.

Response by SGT David A. 'Cowboy' Groth made Jun 17 at 2018 6:33 AM

SGT David A. 'Cowboy' Groth — Sun, 17 Jun 2018 06:33:54 -0400

Probably need to check at the local VA office for what you're asking.

Response by CAPT Kevin B. made Jun 17 at 2018 10:46 AM

CAPT Kevin B. — Sun, 17 Jun 2018 10:46:32 -0400

Think you're using the wrong terminology for the wrong thing. Typically there is a probate court application for incompetency in which when filed, also has an application for court appointed guardian. Trustees manage actual trusts, not people's lives. Guardians make all the living, money, medical, etc. decisions because the individual has been deemed not to be able to properly make those decisions on their own. If financial is the primary focus, then you file for a conservatorship and become a conservator. Once that is done, then you file with the VA to assume control over the relevant things. There's been some horror stories over the past few years in which VA was passing this stuff to BATF who would then send agents to confiscate the owners firearms. So it's important to know what it fully means to be a guardian or conservator. A probate lawyer is essential for you in figuring it all out.

Response by MAJ Ken Landgren made Jun 17 at 2018 1:28 PM

MAJ Ken Landgren — Sun, 17 Jun 2018 13:28:35 -0400

I want to tell you of my tale. My FIL, a Veteran, had to go to a nursing home. My wife and I paid his bills (rent and miscellaneous costs) while he was in the nursing home. Both the nursing home and VA claimed my wife and I were liable for bills before he was declared incompetent to handle his own finances. Sometimes the road to hell is paved with good intentions.