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VA Rule 38

Update on the NGA’s efforts regarding VA Rule 38. The NGA reported that “Florida members were the most vocal about the issues with VA Rule 38”. So, please FSGA Members, take the requested action below so we can have the greatest impact possible on a national basis.

VA RULE 38

VA Rule 38 – NGA update – Notes on Sally Hurme’s Discussion

• Caps fees – no more than 4% – guardians who are appointed for veterans
• There is concern about the VA setting fees, opposed to the state courts
• There is concern about capping fees, regardless of other (non-guardianship) assets owned by the ward
• This is a major hindrance to veterans
• This issue sprung up in January 2019, some field offices are complying with requirement, and some field offices are not. There is a lack of uniformity.
• The NGA raised concerns with National Guardianship Network (NGN), consisting of 12 members:
 AARP
 Alzheimer’s Association
 ABA Commission on Law and Aging
 ABA Real Property, Trust, and Estate Law
 American College of Trust and Estate Counsel (ACTEC)
 Center for Guardianship Certification (CGC)
 National Academy of Elder Law Attorneys (NAELA)
 National Adult Protective Services Association (NAPSA)
 National Center for State Courts (NCSC)
 National College of Probate Judges (NCPJ)
 National Disability Rights Network (NDRN)
 National Guardianship Association (NGA)
• Pursuant to bylaws, NGN cannot take stance, positions could be taken by each individual members
• NAELA most likely to take the lead, and take a position
• NGA currently drafting the position statement, NAELA may jointly sign position statement
• ABA has some key contacts within VA, but looking for more support
• NGA developing a communications strategy – US Senate Subcommittee on Aging and US GAO

ACTION REQUESTED:
• The NGA requests documents, stories, illustrations, examples, horror stories
• The NGA will use information to compile into a communication
• The NGA also looking to develop a contact list of VA staff willing to help
• DEADLINE: June 25, 2019

Send this information directly to Gina gina@floridaguardians.com