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Title 38, Veterans' BenefitsRelease 119-102

§5501A Beneficiaries’ Rights in Mental Competence Determinations

Title 38 › PART IV — GENERAL ADMINISTRATIVE PROVISIONS › CHAPTER 55 — MINORS, INCOMPETENTS, AND OTHER WARDS › § 5501A

Last updated Aug 21, 2026|Official source

Summary

The Secretary must not decide a beneficiary is mentally unable to manage VA money unless the Secretary follows the Secretary’s procedures and time limits and gives the beneficiary certain rights. Those rights include getting notice of the proposed decision and the evidence, a chance to ask for a hearing, a chance to give evidence (including a medical opinion), and a chance to have a free representative (including a lawyer) and bring a medical witness to the hearing.

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

Aug 21, 2026

Release point: 119-102