Compliance Question of the Week – January 17th 2012
January 17, 2012
January 17, 2012
Under the VA Fiduciary Program, the Department of Veterans Affairs (VA) may appoint a person or entity in a representative capacity as “fiduciary.” The fiduciary is to receive monies paid under any of the laws administered by the Secretary of the VA for the use and benefit of a minor, veteran, or other beneficiary who has been determined to be unable to manage their financial affairs.
A good analogy to these VA fiduciary accounts would be the SSA Representative Payee accounts.
- The fiduciary will be appointed from the VA and receive a letter showing the appointment.
- The account(s) will be solely owned by the beneficiary.
- Since the beneficiary has been deemed unable to manage their financial affairs, they would not have access to the account(s).
- The fiduciary is to use the funds for the care and maintenance of the beneficiary.
- No commingling of funds is allowed.
- Excess money must be conserved in an interest-bearing account or U.S. Savings Bonds (the NWCUA recommends opening both checking and savings accounts).
- The fiduciary must file regular reports and keep accurate records.
Some things that are unique to the VA fiduciary accounts:
- Fiduciary is prohibited from withdrawing cash by either a counter check or ATM withdrawal.
- Fiduciary must return any of the beneficiary’s money to the VA if they stop serving as the fiduciary.
You should title the VA fiduciary account as follows:
(Beneficiary’s Name), by (Fiduciary’s Name, Federal Fiduciary).
Questions? Contact the Compliance Hotline: 1.800.546.4465, firstname.lastname@example.org.
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