If a petition is filed for the appointment of a guardian of a mentally incompetent ward, a certificate of the Secretary or a representative of the Secretary, setting forth the fact that such person has been rated incompetent by the Department of Veterans Affairs on examination in accordance with the laws and regulations governing the Department of Veterans Affairs and that the appointment of a guardian is a condition precedent to the payment of any money due such person by the Department of Veterans Affairs, constitutes prima facie evidence of the necessity for such appointment.

Terms Used In Nevada Revised Statutes 160.070

  • Department of Veterans Affairs: means the Department of Veterans Affairs, its predecessors or successors. See Nevada Revised Statutes 160.020
  • 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 person acting as a fiduciary for a ward. See Nevada Revised Statutes 160.020
  • person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
  • 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.
  • Secretary: means the Secretary of Veterans Affairs of the United States or the Secretary"s successor. See Nevada Revised Statutes 160.020
  • Ward: means a beneficiary of the Department of Veterans Affairs. See Nevada Revised Statutes 160.020