A
commenter at Twitchy clarifies:
" Gothguy • 5 hours ago
Folks,
Having dealt with this extensively when I was a Veterans Advocate, a little clarification is needed. This is not something new, and the VA is not in the gun grabbing business.
What he (the author) has written is misleading on a couple of points (actually, more than a couple). Not just 'someone in the VA' can declare a veteran incompetent, the veteran must be diagnosed by a doctor as incompetent during an examination. Once that has happened, the VA does a proposed decision, notifying the veteran of the proposed incompetency, and details with specifics the reason(s) why the proposal is being done. They don't just get a letter, and it's a done deal.
The veteran is given 60 days to submit medical evidence as to why the proposal should be overturned. It is a fact that during that 60 day period, the veteran cannot appeal the decision, because the decision hasn't been finalized, it's only a proposal or pending decision. Even if the veteran cannot get a letter or statement or other evidence during that time period and the proposal goes into effect, he or she can still appeal that decision, and the VA advises him or her of the appeal process.
I would advise the veteran to get in touch with their doctor and get a statement from him or her stating that the veteran is not incompetent, submit it to the VA, and the proposal would be rescinded.
Further, the author cites the 5th Amendment, well, again, it's misleading the way he wrote this. The veteran is free to submit evidence, request a pre-determination hearing before being declared incompetent to handle his or her affairs, and trust me, I have participated in those hearing many times over 16 years, and have won virtually all of them prior to
the final determination. No 5th Amendment rights are violated.
Also, the author again cites that some nameless person would be appointed by the VA to handle the veterans' financial affairs. Not true. If the veteran is declared incompetent after all avenues have been exhausted, in virtually all cases, a family member is appointed, and the veteran can even request that a friend be appointed. The VA will interview these people to make sure they understand and agree to be appointed the fiduciary. The only time an outside fiduciary is
appointed is if no family member or friend is willing to do it, and that person or agency the VA appoints have under gone extensive background checks, credit checks, etc., and have been approved by the VA.
The VA also has what is called the 'Guardianship Unit', which constantly monitors the fiduciaries to make sure they are doing what they are supposed to do.
Finally, the author attempts to make this appear widespread, and that is simply not the case. And, even if a veteran has been declared incompetent for years, he or she can always have that decision overturned...seen it...done it.
And trust me, there are some veterans that are so whacked out mentally, that even I wouldn't want them to have access to a firearm.
As a disabled veteran, Patriot, and as an American, I am a huge advocate of the 2nd Amendment, but what the author wrote is simply scare mongering, and it does a disservice to veterans."
