[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: 38CFR13.64]

[Page 562]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 13_VETERANS BENEFITS ADMINISTRATION, FIDUCIARY 
 
Sec.  13.64  Fiduciary commissions.

    Generally, a VA appointed fiduciary is to be encouraged to serve 
without fee.
    (a) Authority. The Veterans Service Center Manager is authorized to 
determine when a commission is necessary in order to obtain the services 
of a fiduciary, except that the Veterans Service Center Manager may not 
authorize a commission to a fiduciary who receives any other form of 
remuneration or payment in connection with rendering fiduciary services 
on behalf of the beneficiary. Necessity is established only if the 
beneficiary's best interest would be served by the appointment of a 
qualified professional, or, if a qualified professional is not 
available, the proposed fiduciary is the only qualified person available 
and is not willing to serve without a fee.
    (b) Amount; notice to beneficiary. The Veterans Service Center 
Manager shall authorize a fiduciary to whom a commission is payable 
under paragraph (a) of this section to deduct from the beneficiary's 
estate a reasonable commission for fiduciary services rendered. The 
commission for any year may not exceed 4 percent of the monetary 
benefits paid by VA on behalf of the beneficiary to the fiduciary during 
that year; a year being the normal 12 month period following the 
anniversary date of appointment. The Veterans Service Center Manager 
shall furnish appropriate notice to the beneficiary, either directly or 
through the fiduciary, that a commission is payable.
    (c) Persons who may be excluded. Commissions may not be authorized 
to dependents of the beneficiary or other close relatives acting in a 
fiduciary capacity on behalf of the beneficiary, except under 
extraordinary circumstances.

(Authority: 38 U.S.C. 5502; Pub. L. 98-223)

[51 FR 26157, July 21, 1986]