[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR726.7]

[Page 280-281]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 726_PAYMENTS OF AMOUNTS DUE MENTALLY INCOMPETENT MEMBERS OF THE 
NAVAL SERVICE--Table of Contents
 
Sec. 726.7  Status of pay account.

    (a) Upon notification by the commanding officer of the medical 
facility preparing the incapacitation determination that a member has 
been declared mentally incompetent to manage his affairs, the cognizant 
disbursing officer will take appropriate action and immediately send the 
member's personal financial record to the appropriate finance center 
following the guidelines in the Department of Defense Military Pay and 
Allowances Entitlements Manual, Part Four, chapter 2. The Judge Advocate 
General or his designee will then direct the appropriate finance center 
to suspend the member's pay. Thereafter, the Judge Advocate General or 
his designee will direct payment of monies to:
    (1) The appointed trustee;

[[Page 281]]

    (2) The legal representative appointed by a State court of competent 
jurisdiction; or
    (3) Directly to the member following a determination that the member 
is capable of managing his affairs.
    (b) The Commanding Officer, Navy Finance Center, or Commanding 
Officer, Marine Corps Finance Center, will notify the Judge Advocate 
General of any fact affecting the pay of a member mentally incapable of 
managing his affairs. This includes waiver of retired pay in favor of 
Veterans Administration compensation; death of the member; death of the 
trustee; or, notice of appointment of a legal representative by a State 
court of competent jurisdiction. At the request of the Judge Advocate 
General or his designee, the appropriate finance center will report all 
disbursements from the member's account.
    (c) The Navy or Marine Corps Finance Center will seek direction from 
the Judge Advocate General when information from other sources indicates 
a member is not competent to manage his affairs.