[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR13.58]

[Page 561]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 13_VETERANS BENEFITS ADMINISTRATION, FIDUCIARY 
 
Sec.  13.58  Legal custodian.

    (a) Authority. The Veterans Service Center Manager is authorized to 
make determinations as to the person or legal entity to be appointed 
legal custodian to receive Department of Veterans Affairs payments on 
behalf of a beneficiary who is incompetent or under legal disability by 
reason of minority or court action. In the absence of special 
circumstances, the person or legal entity to be appointed legal 
custodian will be the person or legal entity caring for and/or having 
custody of the beneficiary or the beneficiary's estate.
    (b) Payment to. Department of Veterans Affairs benefits may be paid 
to a legal custodian subject to the following conditions:
    (1) The Veterans Service Center Manager has determined that it would 
be in the best interests of the beneficiary to appoint a legal 
custodian.
    (2) The proposed legal custodian is qualified to administer the 
benefits payable and will agree to:
    (i) Apply the benefits paid for the best interests of the 
beneficiary,
    (ii) Invest surplus funds as provided by Department of Veterans 
Affairs regulations,
    (iii) Furnish, upon request, evidence of compliance with agreement 
as to usage and investment of Department of Veterans Affairs benefits, 
and
    (iv) Inform the Veterans Service Center Manager of any change in the 
beneficiary's estate or any other circumstances that might affect 
entitlement or the manner in which payments are to be made.

[40 FR 54247, Nov. 21, 1975]