Q: Can a jailed veteran receive benefits, and is transferring funds legal?
My friend, a veteran, is in jail awaiting trial and is receiving $1,200 per month in benefits. I have access to his bank information, and he has asked me to transfer money from his account to mine and then to his commissary account. I am concerned about two things: whether he is still legally entitled to receive these benefits while incarcerated for over 61 days, and if he is not entitled to these benefits, whether I am doing something wrong by handling these transfers. How should I proceed legally in this situation?
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A:
Veterans in pre-trial detention generally remain eligible for their full VA benefits, unlike those who have been convicted and imprisoned for more than 60 days, when benefits are often reduced. The distinction matters because your friend is awaiting trial, not yet convicted, which typically means his benefits can continue legally at this stage.
Regarding the transfers, while you may have access to his account information, this doesn't automatically give you legal authority to move his money. These actions could potentially be seen as unauthorized if you don't have proper documentation like a power of attorney or written authorization from your friend. The safest approach would be to help your friend establish a proper legal arrangement for managing his finances while incarcerated.
Before proceeding with any more transfers, you might want to contact the VA directly to verify his benefit status during pretrial detention, as rules can vary based on the specific type of benefits he receives. You could also consult with a veterans' advocate or legal aid attorney who works with incarcerated veterans to ensure you're both protected legally. Taking these precautions now could prevent complications later if his case extends beyond the 60-day threshold or results in a conviction.
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