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.
37 U.S.C. § 602
HISTORICAL AND REVISION NOTES | ||
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
602(a) 602(b) | 37:352 (1st sentence, less 31 words before provisos and less provisos). 37:352 (last proviso of 1st sentence, 2d sentence, and last sentence). | June 21, 1950, ch. 342, §§2, 3 (less 1st 28 words), 64 Stat. 249; Aug. 7, 1959, Pub. L. 86-145, §1, 73 Stat. 297. |
602(c) | 37:352 (31 words before provisos of 1st sentence). | |
602(d) | 37:352 (1st proviso of 1st sentence). | |
602(e) | 37:352 (2d proviso of 1st sentence). | |
602(f) | 37:353 (less 1st 28 words). |
EDITORIAL NOTES
AMENDMENTS2016-Subsec. (a). Pub. L. 114-328, §645(1), struck out ", in the opinion of a board of medical officers or physicians," after "and who" and substituted "use or benefit to-"(1) a legal committee, guardian, or other representative that has been appointed by a court of competent jurisdiction;"(2) an individual to whom the member has granted authority to manage such funds pursuant to a valid and legally executed durable power of attorney; or"(3) any person designated"for "use or benefit to any person designated".Subsec. (b). Pub. L. 114-328, §645(2), in introductory provisions, substituted "An individual may not be designated under subsection (a)(3) to receive payments unless a board consisting" for "The board shall consist" and inserted "determines that the member is mentally incapable of managing the member's affairs. Any such board shall be" after "treatment of mental disorders,".Subsec. (c). Pub. L. 114-328, §645(3), substituted "authorized to receive payments" for "designated".Subsec. (d). Pub. L. 114-328, §645(4), inserted ", unless a court of competent jurisdiction orders payment of such fee, commission, or other charge" before period at end. Subsecs. (e), (f). Pub. L. 114-328, §645(5)-(7), redesignated subsec. (f) as (e), inserted "under subsection (a)(3)" after "who is designated" and substituted "$25,000" for "$1,000", and struck out former subsec. (e) which read as follows: "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."1989-Subsec. (b)(5). Pub. L. 101-189 substituted "Department of Veterans Affairs" for "Veterans' Administration".1980-Subsec. (b)(4). Pub. L. 96-513 substituted "Department of Health and Human Services" for "Department of Health, Education, and Welfare".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513 set out as a note under section 101 of Title 10, Armed Forces.