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Q307: Last year I bounced a few checks at a couple of local businesses. I eventually paid all businesses in full. But one local business had me arrested for theft of services. I bounced a check for only $44.27. The company had me arrested before I could pay them. The VA found out about my arrest and now they are assigning me a fiduciary. I don’t need nobody managing my money and giving me an allowance like a child. Can I stop the VA from assigning me a fiduciary?
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A1: You can appeal. You can involve your three members of congress too to inquire on your behalf. You say you bounced a few cheques so it appears you do not have financial discipline. Your actions involved law enforcement so you created this situation yourself. The VA has a legal right to parcel out your money and charge you for it if there is any doubt you cannot manage your finances. You provided this doubt. I do not know exactly how you can get out of this situation except to lose your financial benefit all together. If you have issues with substance abuse such as alcohol or drugs you may not get this changed. Good Luck. (FD) 11/27/19
A2: The only way you can get out of this situation is to request a competency hearing to prove you can handle your own affairs. I handle one case like this and won. (GR) 11/27/19
A3: You can get out of fiduciary. First write a letter on a 21-4138, ask for a Competency examination and show the VA that you are capable of handling your financial affairs. It a up hill battle but with the right guidance and coaching the system can be beat. I have won one case like your. (GR) 11/27/19