§ 79.39 Recognition of veterans' administration as a party in interest.

Terms Used In N.Y. Mental Hygiene Law 79.39

  • administration: means the United States veterans' administration or its successor. See N.Y. Mental Hygiene Law 79.01
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • benefits: shall mean all moneys payable by the United States through the administration. See N.Y. Mental Hygiene Law 79.01
  • income: shall include only moneys received by the guardian from the administration and all earnings, interest, and profits derived therefrom. See N.Y. Mental Hygiene Law 79.01
  • Oath: A promise to tell the truth.
  • ward: means a beneficiary of the administration. See N.Y. Mental Hygiene Law 79.01

(a) With respect to benefits from the administration or the income therefrom, the administrator of the United States veterans' administration or his duly authorized attorney, for the purpose of bringing any action, or otherwise appearing, in behalf of a ward of the administration to whom benefits from said administration may accrue, shall be recognized as a party in interest and entitled to all the rights and privileges of a party.

(b) In addition to any official authorized by law to administer oaths, any attorney or field representative employed by the United States veterans' administration shall be authorized to administer any oath required in any court proceeding wherein such administration is a party in interest, as provided in subdivision (a). The certification, on any affidavit, instrument, or document, as to an oath taken by any such attorney or field representative of the United States veterans' administration pursuant to the authority of this section, shall contain a statement of the title of the office or employment of such attorney or field representative in such administration.