[Code of Federal Regulations]
[Title 32, Volume 5, Parts 700 to 799]
[Revised as of  July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR726.5]

[Page 270]
 
                       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. 726.5  Procedures for designation of a trustee.

    (a) Upon receipt of a report of a board convened under section 1404 
that a member has been found mentally incapable of managing his affairs, 
the Judge Advocate General or his designee will initiate action to 
appoint a trustee, provided no notice of appointment of a committee, 
guardian, or other legal representative by a State court of competent 
jurisdiction has been received by the Judge Advocate General. The Judge 
Advocate General or his designee may direct any Navy or Marine Corps 
activity to appoint an officer to interview a prospective trustee and 
make recommendations concerning suitability. The Judge Advocate General 
will provide the interviewing officer with complete instructions 
pertaining to the interview of the prospective trustee, including the 
forms required to be completed by the prospective trustee that will be 
returned by the interviewing officer to the Judge Advocate General.
    (b) The interviewing officer will: (1) Determine whether the 
prospective trustee can obtain an appropriate bond as directed by the 
Judge Advocate General or his designee;
    (2) Ascertain that the prospective trustee is willing to execute an 
affidavit acknowledging that all monies will be applied to the use and 
benefit of the member and his legal dependents and that no fee, 
commission, or charge, for any service performed by the trustee, except 
for payment of the required bond, will be paid from Federal monies 
received by the trustee.
    (3) Forward recommendations to the Judge Advocate General for 
appropriate action.