Beneficiaries' rights in mental competence determinations

U.S.C. Title 38 - VETERANS' BENEFITS 38 U.S.C. United States Code, 2023 Edition Title 38 - VETERANS' BENEFITS PART IV - GENERAL ADMINISTRATIVE PROVISIONS CHAPTER 55 - MINORS, INCOMPETENTS, AND OTHER WARDS Sec. 5501A - Beneficiaries' rights in mental competence determinations From the U.S. Government Publishing Office, www.gpo.gov

§5501A. Beneficiaries' rights in mental competence determinations

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.

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

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]."