[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR13.100]

[Page 563-564]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 13_VETERANS BENEFITS ADMINISTRATION, FIDUCIARY 
 
Sec. 13.100  Supervision of fiduciaries.

    (a) Federal fiduciaries. In Federal fiduciary cases, the Veterans 
Service Center Manager may, when he or she deems it necessary for the 
protection of the beneficiary's interests:
    (1) Require an accounting, formal or informal, of Department of 
Veterans Affairs benefits paid.
    (2) Terminate the appointment of a Federal fiduciary and appoint a 
successor Federal fiduciary.


(Authority: 38 U.S.C. 5502)

    (b) Court-appointed fiduciaries. In court-appointed fiduciary cases, 
the Veterans Service Center Manager will take such informal action as 
may be necessary to assure that the needs of the beneficiary are 
provided for and Department of Veterans Affairs benefits are prudently 
administered and adequately protected.


(Authority: 38 U.S.C. 501)


[[Page 564]]


    (c) Unsatisfactory conditions. In any case where a fiduciary fails 
to render a satisfactory account or has collected or paid, or is 
attempting to collect or pay, fees, commissions, or allowances that are 
illegal or inequitable or in excess of those allowed by law, or has 
failed to use Department of Veterans Affairs funds for the benefit of 
the beneficiary or the beneficiary's dependents, or has otherwise failed 
or neglected to properly execute the duties of his or her trust, and 
informal efforts by the Veterans Service Center Manager to correct the 
situation prove unsuccessful, the case will be referred to the Regional 
Counsel. In such cases the Veterans Service Center Manager may have all 
Department of Veterans Affairs benefits suspended.


(Authority: 38 U.S.C. 5502)

    (d) Misappropriation, embezzlement or violation of Federal statutes. 
When the evidence indicates a prima facie case of misappropriation, 
embezzlement or violation of the Federal statutes, the matter will be 
submitted to the Regional Counsel for review and, if appropriate, the 
Regional Counsel's referral to the U.S. Attorney.

(Authority: 38 U.S.C. 6101)

[40 FR 54249, Nov. 21, 1975]