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This entry was published on 2014-09-22
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SECTION 79.11
Prima facie evidence of infancy or incompetency
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 79
§ 79.11 Prima facie evidence of infancy or incompetency.

(a) Where a petition is filed for the appointment of a guardian of an
infant ward, a certificate of the director, or his representative,
setting forth the age of such infant as shown by the records of the
administration and the fact that the appointment of a guardian is a
condition precedent to the payment of any moneys due the infant by the
administration shall be prima facie evidence of the necessity for the
appointment of a guardian to receive benefits from the administration
and income from such benefits.

(b) Where a petition is filed for the appointment of a guardian of a
mentally incompetent ward, a certificate of the director, or his
representative, setting forth the fact that such person has been rated
incompetent by the administration on examination in accordance with the
laws and regulations governing such administration and that the
appointment of a guardian is a condition precedent to the payment of any
moneys due such person by the administration shall be prima facie
evidence of the necessity for the appointment of a guardian to receive
benefits from the administration and income from such benefits.