37.2-1016 - Trustees for incapacitated ex-service persons and their beneficiaries.
§ 37.2-1016. Trustees for incapacitated ex-service persons and theirbeneficiaries.
Whenever any ex-service person of the United States or the beneficiary of anyex-service person is found to be incapacitated by the medical authorities ofthe U.S. Department of Veterans Affairs, on motion of the U.S. Department ofVeterans Affairs or any person in interest, accompanied by a certificate ofthe Secretary of Veterans Affairs or his duly authorized representativecertifying that the person has been rated incapacitated by the U.S.Department of Veterans Affairs and that the appointment of a trustee is acondition precedent to the payment of any moneys due the ex-service person orany beneficiary of the ex-service person, and after reasonable notice to theperson, the circuit court of the county or the city in which the ex-serviceperson or beneficiary resides, in lieu of appointing a conservator or findinghim to be incapacitated, shall appoint a trustee for the ex-service person orthe beneficiary of the ex-service person where it appears to the court that atrustee is needed for the purpose of receiving and administering pension,compensation, insurance, or other benefits that might be paid by the UnitedStates government. Upon his qualification, the trustee, in addition toadministering the funds payable through the U.S. Department of VeteransAffairs, shall administer the entire estate of the ex-service person or thebeneficiary regardless of the source from which it is derived and, in suchadministration, shall have the same powers and duties and be subject to thesame liabilities as are vested in or imposed upon a conservator pursuant tothis chapter. The trustee, in addition to the duties and obligations imposedupon him under his trust by the federal government, shall be subject to thestate laws that are applicable to the appointment and administration ofconservators for incapacitated persons.
Any person for whom a trustee has been appointed under the provisions of thissection may thereafter be adjudged restored to capacity by the court thatappointed the trustee.
(1997, c. 921, § 37.1-134.20; 2005, c. 716.)