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45 U.S.C. § 231kIncompetence

submitted 91 years ago by Pub. L. 93-445 to r/title-45-RAILROADS · 324 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Board treats everyone claiming benefits as legally competent until it receives written notice that the person is incompetent or a minor with a guardian. Even then, the Board can still deal directly with the person, or pay a relative or someone else on their behalf, if that serves the person's interests. Guardians can act for incompetent people or minors within limits the Board sets.

(a) Every individual receiving or claiming benefits, or entitled to any right or privilege, under this law or any other law the Board administers, is presumed to be legally competent, until the Board receives written notice — in a form and manner the Board accepts — that the person is incompetent, or is a minor for whom a guardian or other legally responsible person has been appointed. Even so, no matter whether a person is actually legally competent or not, the Board can still deal directly with that person, take actions on their behalf, and pay them, if the Board decides that serves the person's interests — or the Board can instead deal with, act for, and pay a relative or someone else for that person's use and benefit. (b) A guardian or other person legally responsible for the person or estate of an incompetent individual or minor who is receiving or claiming benefits, or entitled to any right or privilege, under this law or any other law the Board administers, has the power, wherever the person is, and in the manner and to the extent the Board prescribes, to take whatever action is needed to exercise any right or privilege of the incompetent person or minor, and to handle all transactions on their behalf — subject to the Board's own power described in subsection (a). Any payment made this way fully and finally settles any claim, right, or interest in that payment.
the actual law source: uscode.house.gov ↗public domain
(a)

Every individual receiving or claiming benefits, or to whom any right or privilege is extended, under this subchapter or any other Act of Congress now or hereafter administered, in whole or in part, by the Board shall be conclusively presumed to have been competent until the date on which the Board receives written notice, in a form and manner acceptable to the Board, that he is an incompetent, or a minor, for whom a guardian or other person legally vested with the care of his person or estate has been appointed: Provided, however, That, regardless of the legal competency or incompetency of an individual entitled to a benefit administered by the Board, the Board may, if it finds the interest of such individual to be served thereby, recognize actions by, and conduct transactions with, and make payments to, such individual, or recognize actions by, and conduct transactions with, and make payments to, a relative or some other person for such individual’s use and benefit.

(b)

Every guardian or other person legally vested with the care of the person or estate of an incompetent or minor who is receiving or claiming benefits, or to whom any right or privilege is extended, under this subchapter or any other Act of Congress now or hereafter administered, in whole or in part, by the Board shall have power everywhere, in the manner and to the extent prescribed by the Board, but subject to the provisions of the preceding subsection, to take any action necessary or appropriate to perfect any right or exercise any privilege of the incompetent or minor and to conduct all transactions on his behalf under this subchapter or any other Act of Congress now or hereafter administered, in whole or in part, by the Board. Any payment made pursuant to the provisions of this section shall be a complete settlement and satisfaction of any claim, right, or interest in and to such payment.

Source credit: (Aug. 29, 1935, ch. 812, § 12, as restated June 24, 1937, ch. 382, pt. I, 50 Stat. 307, as restated Pub. L. 93–445, title I, § 101, Oct. 16, 1974, 88 Stat. 1345.)

history & why it existsrecord from the source credit
  • 1935Enacted · Pub. L. 93-445 · 50 Stat. 307

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-445 on 1935-08-29.

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