What is a VA Guardianship?

Wed, Jul 6, 2011

Guardianship

The office of Christopher Smith have significant experience with guardianship matters. One of the more interesting types of guardianship is the VA Guardianship, governed by Florida Statutes 744.602 to 744.653.

VA Guardianship pertains only to those persons who are entitled to receive benefits from the United States Department of Veterans Affairs, which can include a veteran or his or her minor children. It only protects the monies received from the VA and any property acquired from this type of money. VA Guardianship is traditionally less complicated than other types of guardianship related to the protection of incapacitated persons.

The usual procedure is that the veteran is evaluated to determine if they have diminished mental capacity. If this is found to be the case, the veteran is assigned a caseworker and a guardianship is filed to protect the veteran and their minor children. The appointed guardian is responsible for collecting the necessary paperwork to determine what monies are received from the Department of Veterans Affairs and also to determine what property, if any, may have been purchased with that money. The guardian will then be responsible for obtaining a bond and opening accounts that will protect this money and property.

The steps of creating a VA Guardianship are similar to traditional guardianship cases. The VA will want to be certain the person is responsible and appropriate for the task. The position requires diligence and honesty, and the guardian needs to qualify for bonding.

The purpose of a bond is to guarantee that the decided guardian is trustworthy and will perform his or her duties with integrity. Bonds can be received from insurance companies, special bonding agencies, or procured with the help of lawyers.

Check out our other blog posts to learn more about guardianship.

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