§5501A — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary may not declare a recipient mentally unable to manage benefits unless, under the Secretary’s rules and deadlines, the recipient is given notice and the supporting evidence, a chance for a hearing to submit evidence (including a medical opinion), and the right to free legal help and to bring a medical professional or other witness.

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.

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].”

§5501A Beneficiaries’ Rights in Mental Competence Determinations

Summary

Title 38, §5501A

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata