§ 37.2-1016. Trustees for incapacitated ex-service persons and their beneficiaries
Whenever any ex-service person of the United States or the beneficiary of any ex-service person is found to be incapacitated by the medical authorities of the U.S. Department of Veterans Affairs, on motion of the U.S. Department of Veterans Affairs or any person in interest, accompanied by a certificate of the Secretary of Veterans Affairs or his duly authorized representative certifying that the person has been rated incapacitated by the U.S. Department of Veterans Affairs and that the appointment of a trustee is a condition precedent to the payment of any moneys due the ex-service person or any beneficiary of the ex-service person, and after reasonable notice to the person, the circuit court of the county or the city in which the ex-service person or beneficiary resides, in lieu of appointing a conservator or finding him to be incapacitated, shall appoint a trustee for the ex-service person or the beneficiary of the ex-service person where it appears to the court that a trustee is needed for the purpose of receiving and administering pension, compensation, insurance, or other benefits that might be paid by the United States government. Upon his qualification, the trustee, in addition to administering the funds payable through the U.S. Department of Veterans Affairs, shall administer the entire estate of the ex-service person or the beneficiary regardless of the source from which it is derived and, in such administration, shall have the same powers and duties and be subject to the same liabilities as are vested in or imposed upon a conservator pursuant to this chapter. The trustee, in addition to the duties and obligations imposed upon him under his trust by the federal government, shall be subject to the state laws that are applicable to the appointment and administration of conservators for incapacitated persons.
Any person for whom a trustee has been appointed under the provisions of this section may thereafter be adjudged restored to capacity by the court that appointed the trustee.
(1997, c. 921, § 37.1-134.20; 2005, c. 716.)
Sections: Previous 37.2-1009 37.2-1010 37.2-1011 37.2-1012 37.2-1013 37.2-1014 37.2-1015 37.2-1016 37.2-1017 37.2-1018 37.2-1019 37.2-1020 37.2-1021 37.2-1022 37.2-1023 NextLast modified: April 3, 2009