Page:United States Statutes at Large Volume 76.djvu/531

 76 STAT. ]

PUBLIC LAW 87-649-SEPT. 7, 1962

483

§504. Cadets and midshipmen: chapter does not apply to This chapter does not apply to cadets at the United States Military Academy, the United States Air Force Academy, the Coast Guard Academy, midshipmen at the United States Naval Academy, or cadets or midshipmen serving elsewhere in the armed forces. Chapter 11—Payments to Mentally Incompetent Persons Sec. 601. 602. 603. 604.

Applicability. Payments: designation of person to receive amounts due. Regulations. Determination of Secretary final.

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§ 601. Applicability This chapter applies to— (1) members of a.miiformed service who are on active duty (other than for training) or who are on a retired list of that service; and (2) members of the Fleet Reserve or Fleet Marine Corps Reserve. § 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 b j 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, Education, and "Welfare; or (5) Veterans' Administration. 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.

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