38 U.S.C. § 5501A — Beneficiaries’ rights in mental competence determinations
submitted 10 years ago by Pub. L. 114-255 to r/title-38-VETERANS-BENEFITS · 147 words · no verdicts yet
Before deciding that a beneficiary cannot manage monetary benefits, the Secretary must give the beneficiary notice, a hearing opportunity, an opportunity to present evidence, and a free choice of representation.
The Secretary* may not make an adverse decision about a beneficiary's mental ability to manage monetary benefits paid by the Secretary under this title unless the beneficiary has received all of the following, under the Secretary's procedures and deadlines for incompetency decisions:
(1) Notice of the proposed adverse decision and the evidence supporting it.
(2) A chance to ask for a hearing.
(3) A chance to present evidence about the beneficiary's ability to manage the benefits, including an opinion from a medical professional or another person.
(4) A chance to be represented at no cost to the Government, including by a lawyer, at the hearing and to bring a medical professional or another person to give relevant testimony.
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:
Notice of the proposed adverse determination and the supporting evidence.
An opportunity to request a hearing.
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.
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.
Source credit: (Added Pub. L. 114–255, div. B, title XIV, § 14017(a), Dec. 13, 2016, 130 Stat. 1307.)
- 2016Enacted · Pub. L. 114-255 · 130 Stat. 1307
A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-255 on 2016-12-13.
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