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What are the responsibilities of a VA Fiduciary?

A VA fiduciary is responsible for managing the beneficiary’s VA income and ensuring the beneficiary’s debts are paid. Other responsibilities of the VA fiduciary include: 1. Utilizing the funds for the daily needs (e.g., food, clothing, housing, medical expenses, and personal items) of the beneficiary and his/her recognized dependents. 2. Ensuring the funds belonging to the beneficiaries aren’t borrowed or given as loans or gifts. 3. To immediately report any changes made such as: Change in the fiduciary or beneficiary’s contact number or address. Change in the dependents or income of the fiduciary. Confinement or incarceration of the beneficiary. When the beneficiary is hospitalized in a state or a VA facility. In case of death of a beneficiary or his dependents. 4. Establishing a properly titled bank account as follows: (Beneficiary’s Name), by (Fiduciary’s Name, Federal Fiduciary). 5. Ensure that the funds of the beneficiary are not commingled with that of another. 6. Never withdrawing funds or cash from the account of the beneficiary from an ATM or through the use of counter checks. 7. To submit periodic accountings in a timely manner. 8. Maintain complete and accurate records and receipts for the submission of periodic accountings. 9. Make sure excess funds are properly conserved in a state or federally insured interest account or in US savings bonds. 10. Registering saving bonds to reflect proper ownership and the existence of the fiduciary relationship, as follows: (Beneficiary’s Name), (Social Security No.), under custodianship by designation of the Department of Veterans Affairs. 11. Immediately reporting events that could affect the payment of the beneficiary or that may impact the benefits he or she is entitled to and also promptly returning any payment that the beneficiary is not due. 12. Notifying VA of any changes or circumstances that would affect your performance as a payee or your decision to continue to serve as a payee. 13. Returning any funds owned by the beneficiary to VA if you stop serving as the fiduciary. 14. Report to the VA of circumstances when there is an improvement in the condition of the beneficiary such that he or she no longer needs a fiduciary. 15. Safeguarding the beneficiary’s funds from the claims of creditors. A creditor may not legally take the beneficiary’s funds as they are protected by law.

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