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United States · Bill · HR

H.R. 5948 (112th)

Veterans Fiduciary Reform and Honoring Noble Service Act

referredUnited States· United States Congress· EN

Introduced

12 June 2012

Last action

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Status

Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.

Sponsors

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Subjects

Discovery layer

Source updated

7 April 2025

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Summary

Veterans Fiduciary Reform Act of 2012 - Requires that, in any case in which the Secretary of Veterans Affairs (VA) must determine whether a VA beneficiary needs a fiduciary for purposes of the administration of VA laws and benefits, the Secretary shall consider the following when adjudicating whether such beneficiary should be considered mentally incapacitated or incompetent: (1) any such determination made by a court; and (2) an evaluation made by a medical professional, taking into account the role of financial management in the beneficiary's rehabilitation. Allows an individual determined to be mentally incapacitated or incompetent to appeal such determination. Requires the Secretary, in hearing such appeal, to consider court determinations, medical evidence, and evidence offered by the appellant. Allows a person determined to be competent and for whom a fiduciary has been appointed to file a claim for the termination of such fiduciary. Directs the Secretary to maintain a list of state and local agencies and nonprofit social service agencies that are qualified to act as a fiduciary. Requires a fiduciary to use a secure, encrypted connection when conducting Internet activity relating to financial information of the beneficiary. Directs the Secretary, in inquiring into or investigating a proposed fiduciary, to conduct: (1) a face-to-face interview within 30 days after the inquiry or investigation begins, and (2) a background check. Requires each fiduciary to disclose the number of beneficiaries that the fiduciary acts on behalf of. Requires the Secretary to: (1) maintain records of any person who has previously served as a fiduciary and had such status revoked, and (2) notify the beneficiary within 14 days after learning that the fiduciary has been convicted of a crime. Directs the Secretary, upon reason to believe that a fiduciary may be misusing all or part of a beneficiary benefit, to: (1) conduct a thorough investigation, and (2) report results to the Attorney General and the head of each federal department or agency that pays a beneficiary benefit to such fiduciary. Allows the Secretary to require that a fiduciary serve only with respect to VA benefits, with exceptions. Requires each Veterans Benefits Administration regional office to maintain specified fiduciary information. Provides for the predesignation of a fiduciary. Allows a beneficiary for whom the Secretary has appointed a fiduciary to file a claim for removal and appointment of a new beneficiary. Requires the continuation of benefits during such period. Provides for fiduciary commissions. Requires (under current law, permits) a fiduciary to file an annual accounting of the administration of beneficiary benefits. Requires a report from the Secretary to the congressional veterans committees on the implementation of this Act.

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Documents

10 official files

Referred in Senate (text)

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