2015 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.
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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 Acts ch. 396 was repealed by 1982 Ky.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.
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