Except as prescribed in paragraph (b) of this section, any fiduciary appointed by VA to receive payments on behalf of a beneficiary must deposit the beneficiary's VA benefits in a fiduciary account that meets the requirements prescribed in paragraph (a) of this section.

1. (a) Separate accounts. Except as prescribed in paragraph (b) of this section, a fiduciary must establish and maintain a separate financial institution account for each VA beneficiary that the fiduciary serves. The fiduciary must not commingle a beneficiary's funds with the fiduciary's funds or any other beneficiary's funds, either upon or after receipt. The account must be:

   1. (1) Established for direct deposit of VA benefits,
   2. (2) Established in a Federally-insured financial institution, and in Federally-insured accounts when funds qualify for such deposit insurance, and
   3. (3) Titled in the beneficiary's and fiduciary's names and note the existence of the fiduciary relationship.

2. (b) Exceptions. The general rule prescribed in paragraph (a) of this section regarding establishment and maintenance of separate accounts does not apply to the following fiduciaries:

   1. (1) The beneficiary's spouse;
   2. (2) State or local Government entities;
   3. (3) Institutions, such as public or private medical care facilities, nursing homes, or other residential care facilities, when an annual accounting is not required. See § 13.280 regarding accounting requirements; or

   4. (4) A trust company or a bank with trust powers organized under the laws of the United States or a state.

      (Authority: U.S.C. 501, 5502, 5509, 5711)