2014 Kentucky Revised Statutes CHAPTER 388 - UNIFORM VETERANS' GUARDIANSHIP ACT 388.250 Certificate of administrator is prima facie evidence of necessity for guardian or conservator -- Guardian ad litem.
Download as PDF
388.250 Certificate of administrator is prima facie evidence of necessity for
guardian or conservator -- Guardian ad litem.
Notwithstanding the provisions of existing law for adjudication of mental disability
and appointment of a guardian or conservator upon the inquest of a jury, where a
petition is filed for the appointment of a guardian or conservator for a mentally
disabled beneficiary of the Veterans Administration under the provisions of this
chapter, who is found within this state, whether or not a resident thereof, a certificate
of the administrator of Veterans Affairs or his duly authorized representative,
accompanying such petition setting forth the fact that such beneficiary has been
rated incompetent by the Veterans Administration on examination in accordance
with the laws and regulations governing such Veterans Administration, and that the
appointment of a guardian or conservator is a condition precedent to the payment of
any moneys due each beneficiary by the Veterans Administration, shall be prima
facie evidence of the necessity for such appointment. Provided, however, that some
member of the bar shall be appointed by the court to represent and protect the
interests and rights of such mentally disabled beneficiary as provided under existing
law, and further that the right of any such mentally disabled beneficiary or any
person interested in such beneficiary to demand a trial by jury shall not be denied.
Effective:July 1, 1982
History: Amended 1982 Ky. Acts ch. 141, sec. 120, effective July 1, 1982. -Created 1942 Ky. Acts ch. 25, sec. 6.
Note. 1980 Ky. Acts ch. 396, sec. 131 would have amended this section effective
July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts
ch. 141, sec. 146, also effective July 1, 1982.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.