Determination by the Secretary of Veterans Affairs that a person is mentally incompetent is insufficient to treat such person as a mental defective

(a) In general Such chapter (as amended by sections 2 and 3) is further amended by inserting after section 5501C the following new section: 5501D. Determination of mental incompetence is insufficient basis to treat a person as a mental defective The Secretary shall not treat a person as having been adjudicated as a mental defective solely on the basis that the Secretary has determined that such person— (1) is mentally incompetent under section 3.353 of title 38, Code of Federal Regulations (or successor regulation); or (2) requires a fiduciary under section 5502 of this title.. (b) Clerical amendment The table of sections at the beginning of such chapter (as amended by sections 2 and 3) is further amended by inserting after the item relating to section 5501C the following new item: 5501D. Determination of mental incompetence is insufficient basis to treat a person as a mental defective.

(a) In general Such chapter (as amended by sections 2 and 3) is further amended by inserting after section 5501C the following new section: 5501D. Determination of mental incompetence is insufficient basis to treat a person as a mental defective The Secretary shall not treat a person as having been adjudicated as a mental defective solely on the basis that the Secretary has determined that such person— (1) is mentally incompetent under section 3.353 of title 38, Code of Federal Regulations (or successor regulation); or (2) requires a fiduciary under section 5502 of this title.. (b) Clerical amendment The table of sections at the beginning of such chapter (as amended by sections 2 and 3) is further amended by inserting after the item relating to section 5501C the following new item: 5501D. Determination of mental incompetence is insufficient basis to treat a person as a mental defective.