Indiana Code 29-1-19-7. Appointment of guardian; condition precedent to payment of veterans’ benefits; incapacitated person
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Indiana Code 29-1-19-7
- Department: refers to the United States Department of Veterans Affairs. See Indiana Code 29-1-19-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means any fiduciary for the person or estate of a protected person or a person designated by a protective order issued under IC 29-3 to act on behalf of a protected person. See Indiana Code 29-1-19-1
- Person: means an individual, a partnership, a limited liability company, a corporation, or an association. See Indiana Code 29-1-19-1
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Protected person: means a beneficiary of the department. See Indiana Code 29-1-19-1
Sec. 7. Where a petition is filed for the appointment of a guardian for an incapacitated person, a certificate of the administrator or the administrator’s duly authorized representative that the person has been rated incompetent or incapacitated by the Department on examination in accordance with the laws and regulations governing the Department and that the appointment of a guardian or the issuance of a protective order is a condition precedent to the payment of money due the protected person by the Department shall be prima facie evidence of the necessity for the appointment.
Formerly: Acts 1953, c.112, s.2007. As amended by P.L.33-1989, SEC.44.