38 CFR 14.708 – Costs and other expenses incident to appointment of fiduciary
(a) The Regional Counsel may authorize the payment of costs and other necessary expenses incident to the appointment of an initial or successor fiduciary for a Department of Veterans Affairs beneficiary when:
Terms Used In 38 CFR 14.708
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Statute: A law passed by a legislature.
(1) Authorized to render legal services under § 14.706.
(2) Appointment was caused by the Department of Veterans Affairs and it develops that no benefits are payable and there is no estate from which costs may be paid.
(3) Costs must be advanced when there is no immediate estate from which same may be paid. These costs are to be recovered from benefits payable unless the case falls within paragraph (a)(1) of this section.
(b) Costs and necessary expenses include:
(1) All those chargeable by statute or rule of court and certified by the clerk of court.
(2) Certified copies of court records required by the Department of Veterans Affairs.
(3) Fees for guardian ad litem when chargeable as court costs and required by State law.