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 Affairs 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 Affairs on examination in accordance with the laws and regulations governing such Veterans Affairs, 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 Affairs, 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:June 29, 2017

Terms Used In Kentucky Statutes 388.250

  • administrator: means the administrator of veterans affairs or his successor. See Kentucky Statutes 388.190
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • court: means the District Court of the county of the beneficiary's residence. See Kentucky Statutes 388.190
  • 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.
  • person: includes a partnership, corporation or an association. See Kentucky Statutes 388.190
  • 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.
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Veterans Affairs: means the United States Department of Veterans
    Affairs, its predecessors or successors. See Kentucky Statutes 388.190

History: Amended 2017 Ky. Acts ch. 42, sec. 26, effective June 29, 2017. — 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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