Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
50 lines
2.4 KiB
Markdown
50 lines
2.4 KiB
Markdown
---
|
||
type: "LegalText"
|
||
title: "38 U.S.C. § 5501A"
|
||
description: "Beneficiaries’ rights in mental competence determinations"
|
||
jurisdiction: "us"
|
||
corpus: "united_states_code"
|
||
kind: "code_section"
|
||
title_number: 38
|
||
title_name: "VETERANS’ BENEFITS"
|
||
chapter_number: "55"
|
||
chapter_name: "MINORS, INCOMPETENTS, AND OTHER WARDS"
|
||
section: "5501A"
|
||
citation: "38 U.S.C. § 5501A"
|
||
status: "current"
|
||
release_point: "119-100"
|
||
release_date: "2026-06-26"
|
||
source: "official"
|
||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip"
|
||
source_identifier: "/us/usc/t38/s5501A"
|
||
source_file: "data/legal/raw/us/code/title-38/usc38.xml"
|
||
source_hash: "9c60c572a8b92d25a53a05aed070dec277793eb5b4a94e668447eb21f7dfa7ae"
|
||
raw_snapshot_hash: "372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66"
|
||
text_hash: "2fa3674a8ee4699ea520a0056635922efbea7d0d7452a4af845ca9ccd8d74059"
|
||
retrieved_at: "2026-07-04"
|
||
confidence: "official"
|
||
tags: ["legal", "us-code"]
|
||
---
|
||
|
||
# 38 U.S.C. § 5501A - Beneficiaries’ rights in mental competence determinations
|
||
|
||
## Text
|
||
|
||
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.
|
||
|
||
(Added Pub. L. 114–255, div. B, title XIV, § 14017(a), Dec. 13, 2016, 130 Stat. 1307.)
|
||
|
||
## Notes
|
||
|
||
Statutory Notes and Related Subsidiaries
|
||
|
||
Effective DatePub. 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].”
|