|
U.S. Code as of:
01/19/04
Section 602. Payments: designation of person to receive amounts due
(a) Active duty pay and allowances, amounts due for accrued or
accumulated leave, or retired or retainer pay, that are otherwise
payable to a member to whom this chapter applies and who, in the
opinion of a board of medical officers or physicians, is mentally
incapable of managing his affairs, may be paid for that member's
use or benefit to any person designated by the Secretary concerned,
or by any officer to whom he delegates his authority under this
section, without the appointment in judicial proceedings of a
committee, guardian, or other legal representative.
(b) The board shall consist of at least three qualified medical
officers or physicians, one of whom is specially qualified in the
treatment of mental disorders, appointed from available medical
officers or physicians under his jurisdiction by the head of
whichever of the following is providing medical treatment for the
member, or by a person designated by that head -
(1) Department of the Army;
(2) Department of the Navy;
(3) Department of the Air Force;
(4) Department of Health and Human Services; or
(5) Department of Veterans Affairs.
If the hospitalization or medical care of the member is not
provided by the United States, the board shall be appointed by the
Secretary of the department having jurisdiction of the member.
(c) A payment made to a person who is designated under this
section discharges the obligation of the United States as to the
amount paid.
(d) A person serving in a legal, medical, fiduciary, or other
capacity, may not demand or accept a fee, commission, or other
charge for any service performed under this chapter.
(e) This section does not apply in any case in which a legal
committee, guardian, or other representative has been appointed by
a court of competent jurisdiction, except as to payments made
before the paying agency of the department concerned receives
notice of that appointment.
(f) A person who is designated to receive payments under this
section shall furnish satisfactory assurance that the amounts
received by him will be applied to the use and benefit of the
incompetent member, and, where the payments may reasonably be
expected to be more than $1,000, shall provide a suitable bond to
be paid for out of amounts due the incompetent member.
|
|