www.theblaze.com
Breaks it down in even more detail.
TheBlaze reached out to the Department of Veteran's Affairs for more insight but has not heard back yet. From what we found on its website, the VA's Fiduciary Program was established to "protect veterans and beneficiaries who are unable to manage their VA benefits through the appointment and oversight of a fiduciary."
Under the program -- and as stated in the letter -- if a person is deemed incompetent -- which could be due to injury, disease or mental illness -- and unable manage benefit payments, someone can be named as a fiduciary to do so for them. This person, the website states, is generally a family member but court-appointed or professional fiduciaries are possible as well (therefore Connelly's assertion that a "stranger" be named is technically possible, but not the rule).
The counterargument, however, might sound something like this: If a person is rated as too incompetent to handle their own benefit payments, might it be a good time to consider other things that might not be advisable for the person to handle?
The VA states on its Fiduciary Program website, according to the Brady Handgun Violence Prevention Act, being determined as unable to manage benefits then prevents you from "purchasing, possessing, receiving or transporting a firearm or ammunition." This act was signed into law in 1993.
As TheBlaze reported in December 2012, some congress members and others want this law changed:
Sen. Tom Coburn, R-Okla., sought to amend the bill to stop the Veterans Affairs Department from putting the names of veterans deemed too mentally incompetent to handle their finances into the National Instant Criminal Background Check System, which prohibits them from buying or owning firearms.
[...]
"We consider it an abject tragedy that so many of our veterans return home, after risking life and limb to defend our freedom, only to be stripped of their Second Amendment rights because they need help managing their compensation," Chris Cox, the NRA's chief lobbyist, wrote last year in an editorial.
But Connelly in his piece on Red Flag News takes issue with the fact that the letter doesn't specify how incompetency is determined.
"In every state in the United States no one can be declared incompetent to administer their own affairs without due process of law and that usually requires a judicial hearing with evidence being offered to prove to a judge that the person is indeed incompetent," Connelly wrote.
CONTINUING on second post