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38 U.S.C. § 5507 — Inquiry, investigations, and qualification of fiduciaries
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any certification of a person for payment of benefits of a beneficiary to that person as such beneficiary’s fiduciary under [section 5502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5502&num=0&edition=prelim) shall be made on the basis of—
(1) an inquiry or investigation by the Secretary of the fitness of that person to serve as fiduciary for that beneficiary, such inquiry or investigation—
(A) to be conducted in advance of such certification;
(B) to the extent practicable, to include a face-to-face interview with such person; and
(C) to the extent practicable, to include a copy of a credit report for such person issued within one year of the date of the proposed appointment;
(2) adequate evidence that certification of that person as fiduciary for that beneficiary is in the interest of such beneficiary (as determined by the Secretary under regulations); and
(3) the furnishing of any bond that may be required by the Secretary.
**(b)** As part of any inquiry or investigation of any person under subsection (a), the Secretary shall request information concerning whether that person has been convicted of any offense under Federal or State law which resulted in imprisonment for more than one year. If that person has been convicted of such an offense, the Secretary may certify the person as a fiduciary only if the Secretary finds that the person is an appropriate person to act as fiduciary for the beneficiary concerned under the circumstances.
**(c)**
(1) In the case of a proposed fiduciary described in paragraph (2), the Secretary, in conducting an inquiry or investigation under subsection (a)(1), may carry out such inquiry or investigation on an expedited basis that may include waiver of any specific requi
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Stable record: federal_law:legal_authorities:record_usc_328859bb3c94bf261735eee8
Source file: Laws/federal/codes/united-states-code/title-38/section-5507-inquiry-investigations-and-qualification-of-fiduciaries--3fad674fef.md
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Source location: Title 38, Chapter 55, § 5507; chapter-055-minors-incompetents-and-other-wards.md
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**(a)** Any certification of a person for payment of benefits of a beneficiary to that person as such beneficiary’s fiduciary under [section 5502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5502&num=0&edition=prelim) shall be made on the basis of—
(1) an inquiry or investigation by the Secretary of the fitness of that person to serve as fiduciary for that beneficiary, such inquiry or investigation—
(A) to be conducted in advance of such certification;
(B) to the extent practicable, to include a face-to-face interview with such person; and
(C) to the extent practicable, to include a copy of a credit report for such person issued within one year of the date of the proposed appointment;
(2) adequate evidence that certification of that person as fiduciary for that beneficiary is in the interest of such beneficiary (as determined by the Secretary under regulations); and
(3) the furnishing of any bond that may be required by the Secretary.
**(b)** As part of any inquiry or investigation of any person under subsection (a), the Secretary shall request information concerning whether that person has been convicted of any offense under Federal or State law which resulted in imprisonment for more than one year. If that person has been convicted of such an offense, the Secretary may certify the person as a fiduciary only if the Secretary finds that the person is an appropriate person to act as fiduciary for the beneficiary concerned under the circumstances.
**(c)**
(1) In the case of a proposed fiduciary described in paragraph (2), the Secretary, in conducting an inquiry or investigation under subsection (a)(1), may carry out such inquiry or investigation on an expedited basis that may include waiver of any specific requirement relating to such inquiry or investigation, including the otherwise applicable provisions of subparagraphs (A), (B), and (C) of such subsection. Any such inquiry or investigation carried out on such an expedited basis shall be carried out under regulations prescribed for purposes of this section.
(2) Paragraph (1) applies with respect to a proposed fiduciary who is—
(A) the parent (natural, adopted, or stepparent) of a beneficiary who is a minor;
(B) the spouse or parent of an incompetent beneficiary;
(C) a person who has been appointed a fiduciary of the beneficiary by a court of competent jurisdiction; or
(D) being appointed to manage an estate where the annual amount of veterans benefits to be managed by the proposed fiduciary does not exceed $3,600, as adjusted pursuant to [section 5312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312&num=0&edition=prelim).
**(d) Temporary Fiduciaries.—** When in the opinion of the Secretary, a temporary fiduciary is needed in order to protect the assets of the beneficiary while a determination of incompetency is being made or appealed or a fiduciary is appealing a determination of misuse, the Secretary may appoint one or more temporary fiduciaries for a period not to exceed 120 days. If a final decision has not been made within 120 days, the Secretary may not continue the appointment of the fiduciary without obtaining a court order for appointment of a guardian, conservator, or other fiduciary under the authority provided in [section 5502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5502/b&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever there is an increase in benefit amounts payable under title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.) as a result of a determination made under section 215(i) of such Act ([42 U.S.C. 415(i)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/i&num=0&edition=prelim)), the Secretary shall, effective on the date of such increase in benefit amounts, increase each maximum annual rate of pension under sections 1521, 1541, and 1542 of this title, the rate of increased pension paid under such sections 1521 and 1541 on account of children, and each rate of monthly allowance paid under [section 1805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1805&num=0&edition=prelim), as such rates were in effect immediately prior to the date of such increase in benefit amounts payable under title II of the Social Security Act, by the same percentage as the percentage by which such benefit amounts are increased.
**(b)**
(1) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.) as a result of a determination made under section 215(i) of such Act ([42 U.S.C. 415(i)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/i&num=0&edition=prelim)), the Secretary shall, effective on the date of such increase in benefit amounts, increase the maximum monthly rates of dependency and indemnity compensation for parents payable under subsections (b), (c), and (d), and the monthly rate provided in subsecti
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5312
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Where it appears to the Secretary that the interest of the beneficiary would be served thereby, payment of benefits under any law administered by the Secretary may be made directly to the beneficiary or to a relative or some other fiduciary for the use and benefit of the beneficiary, regardless of any legal disability on the part of the beneficiary. Where, in the opinion of the Secretary, any fiduciary receiving funds on behalf of a Department beneficiary is acting in such a number of cases as to make it impracticable to conserve properly the estates or to supervise the persons of the beneficiaries, the Secretary may refuse to make future payments in such cases as the Secretary may deem proper.
(2) In a case in which the Secretary determines that a commission is necessary in order to obtain the services of a fiduciary in the best interests of a beneficiary, the Secretary may authorize a fiduciary appointed by the Secretary to obtain from the beneficiary’s estate a reasonable commission for fiduciary services rendered, but the commission for any year may not exceed 4 percent of the monetary benefits under laws administered by the Secretary paid on behalf of the beneficiary to the fiduciary during such year. A commission may not be authorized for a fiduciary who receives any other form of remuneration or payment in connection with rendering fiduciary services for benefits under this title on behalf of the beneficiary.
**(b)** Whenever it appears that any fiduciary, in the opinion of the Secretary, is not properly executing or has not properly executed the duties of the trust of such fiduciary or has collected or paid, or is attempting to collect or pay, fees, commissions, or allowances that are inequitable or in excess of those allowed by law for the duties
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5502
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Federal law — U.S. Code and appendices · legal_authorities
Page 1081
TITLE 38—VETERANS’ BENEFITS
§ 5507
$500 limitations of subsection (b)(1) of such section 3203
[now 5503] as amended by this Act. If a competent vet-
eran dies before payment is made the withheld amounts
shall be paid according to the order of precedence, and
subject to the time limitation, of subsection (a)(2) of
such section 3203 [now 5503] in effect the day before the
effective date of this Act. In the event of the death of
an incompetent veteran before payment of all withheld
amounts, no part of the remainder shall be payable.’’
[For effective date of Pub. L. 92–328, see Effective
Date of 1972 Amendment notes set out under sections
1114, 1134, and 3713 of this title.]
APPLICABILITY
OF 1966 AMENDMENTS
TO ANY PENSION
ELIGIBILITY WHICH IS SUBJECT
TO VETERANS’ PEN-
SION ACT OF 1959
Pub. L. 89–362, § 3, Mar. 7, 1966, 80 Stat. 30, provided
that: ‘‘The amendments made by this Act [amending
this section] shall also apply to cases in which pension
eligibility is subject to the provisions of section 9(b) of
the Veterans’ Pension Act of 1959 [set out as a note
under section 1521 of this title].’’
APPLICABILITY OF 1962 AMENDMENTS TO PERSONS NOT
ELECTING PENSION UNDER VETERANS’ ACT OF 1959
Pub. L. 87–556, § 2(a), July 27, 1962, 76 Stat. 245, pro-
vided that: ‘‘The amendments made by this Act
[amending this section] shall not apply to cases in
which pension is payable pursuant to sections 9(b) and
(c) of the Veterans’ Pension Act of 1959 [set out as notes
under section 1521 of this title].’’
Pub. L. 87–544, § 2, July 25, 1962, 76 Stat. 208, provided
that: ‘‘The amendment made by this Act [amending
this section] shall also apply to cases in which pension
eligibility is subject to the provisions of section 9(b) of
the Veterans’ Pension Act of 1959
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 5507
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