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Source: This Rule is derived as follows:
Section (a) is derived from former Rule R71 a.
Section (b) is derived from former Rule R72 a and b.
Section (c) is in part derived from former Rule R73 a and is in
part new.
Section (d) is new.
REPORTER’S NOTE
Former Rule R73 b 2 allowed the Department of Veterans
Affairs to substitute its own internal procedures in place of the
requirement that two physicians must certify that the person who
is the subject of the guardianship petition is disabled. At
first this provision was not carried forward when the Fiduciary
Rules were revised, but in 1998, Rule 10-202 (a)(2) was changed
so that when a guardianship of the person of a Department of
Veterans Affairs beneficiary is filed, a certificate of the
Veterans Affairs Administrator may substitute for physician’s
certificates setting forth the fact that the person has been
rated disabled. A request has been made on behalf of the
Department of Veterans Affairs to extend the Veterans
Administrator beneficiary exception to guardianships of the
property of an alleged disabled person. This would entail a
change to Rule 10-301 (d), so that it is consistent with
subsection (a)(2) of Rule 10-202. The lawyer requesting this
change had intended for it to be made at the time Rule 10-202
(a)(2) was modified. The Committee recommends that Rule 10-301
(d) be so changed.
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