§ 12.1. Designee cases; competent veterans.

517 words·~2 min read·/us/cfr/t38/s§ 12.1·

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(a)Designees---general.

(1)Upon admission to a VA field facility, VA will request and encourage a competent veteran to designate in writing, on the relevant VA form, an individual to whom VA will deliver the veteran's funds and effects in the event of the veteran's death in such VA field facility. The individual named by the veteran is referred to in this part as the designee.

(2)The veteran may change or revoke a designation in writing, on the relevant VA form, at any time.

(3)If the veteran does not name a designee or if a designee is unable or unwilling to accept delivery of funds or effects, § 12.5 Nondesignee cases, applies.

(4)The designee may not be a VA employee unless such employee is a member of the veteran's family. For purposes of this section, a family member includes the spouse, parent, child, step family member, extended family member or an individual who lives with the veteran but is not a member of the veteran's family.

(5)To be effective, a completed form must be received by the facility head or facility designee prior to the veteran's death.

(b)Delivery of funds and effects. The delivery of the veteran's funds or effects to the designee is only a delivery of possession. Such delivery of possession does not affect in any manner:

(1)The title to such funds or effects; or

(2)The person legally entitled to ownership of such funds or effects.

(c)Veteran becomes incompetent. If a veteran is determined to be incompetent pursuant to an order of a state court or is determined to be unable to manage monetary VA benefits by a VA clinician after the veteran is admitted to a VA field facility, the VA field facility staff will contact the Veterans Benefits Administration for the application of 38 CFR 3.353, regarding an incompetency rating as to whether the veteran is able to manage monetary VA benefits, and, if appropriate, 38 CFR 13.55, regarding VA fiduciary appointments. If the Veterans Benefits Administration determines that a veteran is incompetent to manage monetary VA benefits, any designation by the veteran under paragraph

(a)of this section will cease with respect to VA benefits that are deposited by VA into the Personal Funds of Patients. The veteran's designation will not change with respect to disposition of funds and personal effects derived from non-VA sources, unless a court-appointed guardian or conservator changes or revokes the existing designation.

(d)Retention of funds and effects by a veteran. Upon admission to a VA field facility, VA will encourage a competent veteran to:

(1)Place articles of little or no use to the veteran during the period of care in the custody of a family member or friend; and

(2)Retain only such funds and effects that are actually required and necessary for the veteran's immediate convenience. (The information collection is pending Office of Management and Budget approval.) (Authority: 38 U.S.C. 8502) (The Office of Management and Budget has approved the information collection requirement in this section under control number 2900-0817 \[79 FR 68129, Nov. 14, 2014\]

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