38 U.S.C. § 5501A — Beneficiaries' rights in mental competence determinations

FEDERAL · 38 U.S.C. · Chapter 55

Beneficiaries' rights in mental competence determinations

38 U.S.C. § 5501A

Chapter55 — MINORS, INCOMPETENTS, AND OTHER WARDS

Current throughPub. L. 119-99

This text of 38 U.S.C. § 5501A (Beneficiaries' rights in mental competence determinations) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

38 U.S.C. § 5501A.

Text

The Secretary may not make an adverse determination concerning the mental capacity of a beneficiary to manage monetary benefits paid to or for the beneficiary by the Secretary under this title unless such beneficiary has been provided all of the following, subject to the procedures and timelines prescribed by the Secretary for determinations of incompetency:

(1)Notice of the proposed adverse determination and the supporting evidence.

(2)An opportunity to request a hearing.

(3)An opportunity to present evidence, including an opinion from a medical professional or other person, on the capacity of the beneficiary to manage monetary benefits paid to or for the beneficiary by the Secretary under this title.

(4)An opportunity to be represented at no expense to the Government (including by co

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The Secretary may not make an adverse determination concerning the mental capacity of a beneficiary to manage monetary benefits paid to or for the beneficiary by the Secretary under this title unless such beneficiary has been provided all of the following, subject to the procedures and timelines prescribed by the Secretary for determinations of incompetency:
(1) Notice of the proposed adverse determination and the supporting evidence.
(2) An opportunity to request a hearing.
(3) An opportunity to present evidence, including an opinion from a medical professional or other person, on the capacity of the beneficiary to manage monetary benefits paid to or for the beneficiary by the Secretary under this title.
(4) An opportunity to be represented at no expense to the Government (including by counsel) at any such hearing and to bring a medical professional or other person to provide relevant testimony at any such hearing.

Source Credit

History

(Added Pub. L. 114–255, div. B, title XIV, §14017(a), Dec. 13, 2016, 130 Stat. 1307.)

Editorial Notes

Statutory Notes and Related Subsidiaries

Effective Date
Pub. L. 114–255, div. B, title XIV, §14017(c), Dec. 13, 2016, 130 Stat. 1307, provided that: "Section 5501A of title 38, United States Code, as added by subsection (a), shall apply to determinations made by the Secretary of Veterans Affairs on or after the date of the enactment of this Act [Dec. 13, 2016]."

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Bluebook (online)

38 U.S.C. § 5501A, Counsel Stack Legal Research, https://law.counselstack.com/usc/38/5501A.