                                 CODE OF VIRGINIA

TRUSTEES FOR INCAPACITATED VETERANS AND THEIR BENEFICIARIES (§ 64.2-2016)

A. Whenever any veteran of the armed forces of the United States or the
beneficiary of any veteran is found to be incapacitated by the medical
authorities of the U.S. Department of Veterans Affairs, on motion of the U.S.
Department of Veterans Affairs or any interested person, and after reasonable
notice to the veteran or beneficiary, the circuit court of the county or the
city in which the veteran or beneficiary resides, in lieu of appointing a
conservator or finding him to be incapacitated, shall appoint a trustee for the
veteran or the beneficiary of the veteran where it appears to the court that a
trustee is needed for the purpose of receiving and administering pension,
compensation, insurance, or other benefits that might be paid by the United
States government. Any motion shall be accompanied by a certificate of the
Secretary of Veterans Affairs or his duly authorized representative certifying
that the veteran or beneficiary has been rated incapacitated by the U.S.
Department of Veterans Affairs and that the appointment of a trustee is a
condition precedent to the payment of any moneys due the veteran or the
beneficiary.

B. Upon his qualification, the trustee, in addition to administering the funds
payable through the U.S. Department of Veterans Affairs, shall administer the
entire estate of the veteran or the beneficiary regardless of the source from
which it is derived and, in such administration, shall have the same powers and
duties and be subject to the same liabilities as are vested in or imposed upon a
conservator pursuant to this chapter. The trustee, in addition to the duties and
obligations imposed upon him under his trust by the federal government, shall be
subject to the state laws that are applicable to the appointment and
administration of conservators for incapacitated persons.

C. The court that appointed the trustee for a veteran or beneficiary pursuant to
this section may subsequently find that the veteran or beneficiary has been
restored to capacity.

HISTORY: 1997, c. 921, § 37.1-134.20; 2005, c. 716, § 37.2-1016; 2012, c. 614.