Requirement of secretary that guardian be appointed

Whenever, pursuant to any law of the United States or regulation of the department, the secretary requires, prior to payment of benefits, that a VA guardian be appointed for a ward, the appointment shall be made in the manner provided in this chapter. (Code 1981, § 29-7-3, enacted by Ga. L. 2004, p. 161, § 1.) 738 29-7-6 29-7-4. Prima-facie evidence of necessity for appointment of VA guardian. Where a petition is filed for the appointment of a VA guardian for a mentally incompetent ward, a certificate of the secretary or the secretary’s duly authorized representative stating that such individual has been rated incompetent by the department on examination in accordance with the laws and regulations governing the department and that the appointment of a VA guardian is a condition precedent to the payment of any moneys due such ward by the department shall be prima-facie evidence of the necessity for the appointment of a VA guardian. The courts are authorized to appoint a VA guardian for an incompetent ward entitled to any benefits which may be payable to a ward by the department. (Code 1981, § 29-7-4, enacted by Ga. L. 2004, p. 161, § 1.) 29-7-5. Appointment of VA guardians for minors.