What a Veterans Fiduciary Cannot Do
A fiduciary is someone who has undertaken to act for and on behalf of another in a relationship of trust and confidence. A fiduciary is expected to be 
extremely loyal to the person to whom he owes the duty (the “principal”): he must not put his personal interests before the duty, and must not profit from his position as a fiduciary, unless the principal consents.
The purpose of the Department of Veterans Affairs Fiduciary Program is to safeguard VA benefits received on behalf of minors and incompetent beneficiaries through effective supervision. When a person does not have legal capacity to handle their own affairs and have been awarded Veterans Benefits, a fiduciary may be appointed. This person may be court appointed or appointed by the VA. The VA has specific rules on what a fiduciary can and cannot do. As a fiduciary approved by the VA, you cannot:
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Make cash disbursements or write checks payable to cash
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Mix VA funds with your own personal funds
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Make major purchases without VA approval
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Make gifts without VA approval
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Borrow or loan money from the beneficiary’s funds
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Purchase a home, or other real estate, without first seeking VA approval and court appointment
Authorization for Funeral Arrangements
Under Michigan law, funeral arrangements can be made only by the next-of-kin. Their wishes supersede the expressed wishes of the deceased contained in the deceased’s Will or other written or oral communication. The only exception to this is if the deceased has arranged for his 
body to be donated to medical science, in which case, by statute, the deceased’s wishes must be respected. The personal representative or executor of the estate has no special authority to make funeral arrangements contrary ot the wishes of the next-of-kin. Who is the next-of-kin? In general, next-of-kin are determined in the following order: spouse, children, grandchildren, parents, siblings, nieces and nephews, grandparents, aunts and uncles, and first cousins. If there are several next-of-kin within the same degree of kinship, then most funeral directors will require that all the next-of-kin be in agreement before proceeding. The law has no provision for “majority rule.”
Assessing a client’s capacity
Before a client an sign legal documents, he or she must have the requisite legal capacity. The medical and legal communities tend to define capacity differently. However, most agree that it involves the ability to understand and process information so that responsible decisions can be made and communicated.
For cases in which the client’s capacity appears to be marginal, the professional should adopt a screening process to assess capacity and maintain supportive documentation in the file to defend the decision.
When an individual lacks capacity, and family members, usually children, meet with an attorney to seek advice, it is critical to determine who the client is, who is to benefit, and who has the authority to engage professional services. The advice of an experienced elder law attorney can help to clarify these ethical problems and design a plan to minimize court intervention and maximize asset protection.
How to Avoid Guardianship
When a person becomes permanently disabled, he or she usually needs a guardian or conservator unless effective disability planning documents are in place. When a court guardianship is imposed, the individual judged to be incapacitated loses autonomy. The procedure can be expensive, frustrating and time-consuming.
Guardianship can, in most cases, be avoided with the following five legal documents:
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A comprehensive financial durable power of attorney
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A comprehensive medical power of attorney or proxy
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A comprehensive living will that states preferences as to end-of-life care
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Medical information privacy releases compliant with the regulations required by the Health Insurance Portability and Accountability Act
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A revocable living trust when sufficient assets are involved.