Title 38 — Veterans' BenefitsRelease 119-73
§5501A Beneficiaries’ rights in mental competence determinations
Title 38 › Part PART IV— - GENERAL ADMINISTRATIVE PROVISIONS › Chapter CHAPTER 55— - MINORS, INCOMPETENTS, AND OTHER WARDS › § 5501A
Summary
The Secretary may not decide a beneficiary is mentally unable to manage money paid to or for them unless the Secretary follows its procedures and timelines and gives the beneficiary certain rights. The beneficiary must get notice with the evidence, be allowed to ask for a hearing, present evidence (including a medical opinion), and have a free representative (including a lawyer) and bring a medical witness.
Full Legal Text
Title 38, §5501A
Veterans' Benefits — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
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].”
Reference
Citations & Metadata
Citation
38 U.S.C. § 5501A
Title 38 — Veterans' Benefits
Last Updated
Apr 6, 2026
Release point: 119-73