38 USC § 5501A - Beneficiaries’ rights in mental competence determinations

---
identifier: "/us/usc/t38/s5501A"
source: "usc"
legal_status: "official_legal_evidence"
title: "38 USC § 5501A - Beneficiaries’ rights in mental competence determinations"
title_number: 38
title_name: "VETERANS’ BENEFITS"
section_number: "5501A"
section_name: "Beneficiaries’ rights in mental competence determinations"
chapter_number: 55
chapter_name: "MINORS, INCOMPETENTS, AND OTHER WARDS"
part_number: "IV"
part_name: "GENERAL ADMINISTRATIVE PROVISIONS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 114–255, div. B, title XIV, § 14017(a), Dec. 13, 2016, 130 Stat. 1307.)"
---


# § 5501A. Beneficiaries’ rights in mental competence determinations

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.

---

**Source Credit**: (Added Pub. L. 114–255, div. B, title XIV, § 14017(a), Dec. 13, 2016, 130 Stat. 1307.)

## Statutory Notes and Related Subsidiaries

### Effective Date

> “
> 
> , 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 [
> 
> ].”

, , , provided that: