M21-1, Part III, Subpart v, Chapter 9, Section C – Authorizing Awards for Fiduciary Cases

In This Section

Introduction

• outdated fiduciary appointments and certifications
• processing awards to joint guardians
• handling the appointment of multiple guardians
• handling irregularities in the names on guardianship papers and awards
• handling a changes in the name of a beneficiary, guardian, or fiduciary
• notifying a fiduciary hub of changes and additional information regarding a beneficiary and/or fiduciary
• handling retroactive awards of less than $25,000 to beneficiaries under fiduciary supervision
• handling retroactive awards of $25,000 or more to beneficiaries under fiduciary supervision
• regional office (RO) actions after a fiduciary hub completes its review of a case involving a pending retroactive award of $25,000 or more, and
• sample memorandum to a fiduciary hub requesting review of a case involving a pending retroactive award of $25,000 or more.

Change Date

III.v.9.C.1.a.  Outdated Fiduciary Appointments and Certifications

• based on a fiduciary hub appointment or certification that is more than one year old, and
• to whom no payment has been made for one year.

III.v.9.C.1.b.  Processing Awards to Joint Guardians

III.v.9.C.1.c.  Handling the Appointment of Multiple Guardians

III.v.9.C.1.d.  Handling Irregularities in the Names on Guardianship Papers and Awards

• the name of the ward as it appears on the letters of guardianship or the fiduciary hub’s certification is not the same as that under which the claim was filed, and
• there is no question of identity.

III.v.9.C.1.e.  Handling a Change in the Name of a Beneficiary, Guardian, or Fiduciary

III.v.9.C.1.f.  Notifying a Fiduciary Hub of Changes and Additional Information Regarding a Beneficiary and/or Fiduciary

III.v.9.C.1.g.  Handling Retroactive Awards of Less Than $25,000 to Beneficiaries Under Fiduciary Supervision

III.v.9.C.1.h.  Handling Retroactive Awards of $25,000 or More to Beneficiaries Under Fiduciary Supervision

III.v.9.C.1.i.  RO Actions After a Fiduciary Hub Completes Its Review of a Case Involving a Pending Retroactive Award of $25,000 or More

III.v.9.C.1.j.  Sample Memorandum to a Fiduciary Hub Requesting Review of a Case Involving a Pending Retroactive Award of $25,000 or More

Introduction

• fiduciary hub certification requirement for court-appointed fiduciaries
• authorizing an award for a certified fiduciary-payee, and
• references for special authorization procedures.

Change Date

III.v.9.C.2.a. Fiduciary Hub Certification Requirement for Court-Appointed Fiduciaries

III.v.9.C.2.b.  Authorizing an Award for a Certified Fiduciary-Payee

III.v.9.C.2.c.  References for Special Authorization Procedures

• custodian recognized under 38 CFR 3.850(c), see M21-1, Part III, Subpart v, 9.C.4.c, or
• institutionalized Veteran’s award, see M21-1, Part III, Subpart v, 6.E.2.

Introduction

• authority for determining minority status and the propriety of making direct payments to children
• establishing a diary when awarding benefits to a fiduciary for a minor
• age of majority by state/territory
• establishing a diary when awarding benefits to a fiduciary for a
  • mentally incompetent minor
  • physically incapacitated minor, and
  • minor who is attending school
• statutory change in the age of majority
• authorizing direct payment due to a statutory change in the age of majority, and
• retroactive benefits in an award to a child who has reached the age of majority.

Change Date

III.v.9.C.3.a.  Authority for Determining Minority Status and the Propriety of Making Direct Payments to Children

• State law as to the age of attainment of majority, and
• 38 CFR 3.850.

III.v.9.C.3.b.  Establishing a Diary When Awarding Benefits to a Fiduciary for a Minor

• the age of majority is listed in the table at M21-1, Part III, Subpart v, 9.C.3.c, and
• establishing a diary control is included in the Share User Guide.

III.v.9.C.3.c.  Age of Majority by State/Territory

III.v.9.C.3.d.  Establishing a Diary When Awarding Benefits to a Fiduciary for a Mentally Incompetent Minor

III.v.9.C.3.e.  Establishing a Diary When Awarding Benefits to a Fiduciary for a Physically Incapacitated Minor

III.v.9.C.3.f.  Establishing a Diary When Awarding Benefits to a Fiduciary for a Minor Who Is Attending School

III.v.9.C.3.g.  Statutory Change in the Age of Majority

III.v.9.C.3.h.  Authorizing Direct Payment Due to a Statutory Change in the Age of Majority

III.v.9.C.3.i.  Retroactive Benefits in an Award to a Child Who Has Reached the Age of Majority

Introduction

• when to authorize an award under 38 CFR 3.850(c)
• when not to authorize an award under 38 CFR 3.850(c)
• authorizing an award under 38 CFR 3.850(c) and notifying the custodian
• handling the certification of a fiduciary after authorizing an award under 38 CFR 3.850(c), and
• actions to take when a custodian ceases to have custody of a child beneficiary.

Change Date

III.v.9.C.4.a.  When to Authorize an Award Under 38 CFR 3.850(c)

• the custodian to be recognized is the natural or adoptive parent or stepparent of the child
• the child is in the actual or constructive custody of the parent, and
• there is no information of record that indicates the parent is unfit.

III.v.9.C.4.b.  When Not to Authorize an Award Under 38 CFR 3.850(c)

• A fiduciary hub has certified a legal custodian or fiduciary.
• A court-appointed fiduciary is either in place or an appointment is pending.
• Completion and submission of VA Form 21-592 to the fiduciary hub of jurisdiction is required
  • by virtue of the child’s entitlement to VA insurance benefits, or
  • by reason of incompetency of an adult child who is incapable of self-support.

III.v.9.C.4.c.  Authorizing an Award Under 38 CFR 3.850(c) and Notifying the Custodian

III.v.9.C.4.d.  Handling the Certification of a Fiduciary After Authorizing an Award Under 38 CFR 3.850(c)

III.v.9.C.4.e.  Actions to Take When a Custodian Ceases to Have Custody of a Child Beneficiary

Introduction

• awards under 38 CFR 13.62 to a bonded officer of the Native American Reservation, and
• payee for awards authorized under 38 CFR 13.62.

Change Date

III.v.9.C.5.a.  Awards Under 38 CFR 13.62 to a Bonded Officer of the Native American Reservation

III.v.9.C.5.b.  Payee for Awards Authorized Under 38 CFR 13.62