of the person, if any, indicating the necessity for the same, a petition for appointment may be filed by any resident of this State.

(2) The petition for appointment shall set forth the name, age, place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that the ward is entitled to receive benefits payable by or through the Veterans Administration and shall set forth the amount of moneys then due and the amount of probable future payments.

(3) The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward and the name, age, relationship, if any, occupation and address of the proposed guardian and if the nominee is a natural person, the number of wards for whom the nominee is presently acting as guardian. Notwithstanding any law as to priority of persons entitled to appointment, or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian, if the court determines it is for best interest of the ward.

(4) In the case of a mentally incompetent ward the petition shall show that such ward has been rated incompetent by the Veterans Administration on examination in accordance with the laws and regulations governing the Veterans Administration. [Acts 1943, No. 177, § 5, p. 360.]

57-506. Certificate of necessity for guardian for infant.-Where a petition is filed for the appointment of a guardian for a minor, a certificate of the Administrator or his authorized representative, setting forth the age of such minor as shown by the records of the Veterans Administration and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the Veterans Administration shall be prima facie evidence of the necessity for such appointment. [Acts 1943, No. 177, § 6, p. 360.]

57-507. Certificate of necessity for guardian for incompetent.-Where a petition is field for the appointment of a guardian for a mentally incompetent ward, a certificate of the Administrator or his duly authorized representative, that such person has been rated incompetent by the Veterans Administration on examination in accordance with the laws and regulations governing such Veterans Administration and that the appointment of a guardian is a condition precedent to the payment of any moneys due such ward by the Veterans Administration, shall be prima facie evidence of the necessity for such appointment. [Acts 1943, No. 177, § 7, p. 360.]

57-508. Notice of filing of petition.-Upon the filing of a petition for the appointment of a guardian under this act [§§ 57-501-57-522], notice shall be given to the ward, to such other persons, and in such manner as is provided by the general law of this State, and also to the Veterans Administration as provided by this act. [Acts 1943, No. 177, § 8, p. 360.]

57-509. Bond-Sureties.—(1) Upon the appointment of a guardian, he shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the ward during the ensuing year. The bond shall be in the form and be conditioned as required of guardians appointed under the general guardianship laws of this State. The court may from time to time require the guardian to file an additional bond.

(2) Where a bond is tendered by a guardian with personal sureties, there shall be at least two [2] such sureties and they shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall state that each is worth the sum named in the bond as the penalty thereof over and above all his debts and liabilities and the aggregate of other bonds on which he is principal or surety and exclusive of property exempt from execution. The court may require additional security or may require a corporate surety bond, the premium thereon to be paid from the ward's estate. [Acts, 1943, No. 177, § 9, p. 360.]

Cross-Reference.

Agreement with surety as to deposit of trust funds, § 58-105.

57-510. Accounts-Certificate of examination of securities or investmentsCopies sent to veterans administration office-Notice of hearing-Property derived from other sources.-(1) Every guardian, who has received or shall receive on account of his ward any moneys or other thing of value from the Veterans Administration shall file with the court annually, on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true and accurate account under oath of all moneys or other things of a value so received by him, all earnings, interest or profits derived

therefrom and all property acquired therewith and of all disbursements therefrom, and showing the balance thereof in his hands at the date of the account and how invested.

(2) The guardian, at the time of filing any account, shall exhibit all securities or investments held by him to an officer of the bank or other depository wherein said securities or investments are held for safekeeping or to an authorized representative of the corporation which is surety on his bond, or to the judge or clerk of a court of record in this State, or, upon request of the guardian or other interested party, to any other reputable person designated by the court, who shall certify in writing that he has examined the securities or investments and identified them with those described in the account, and shall note any omissions or discrepancies. If the depository is the guardian, the certifying officer shall not be the officer verifying the account. The guardian may exhibit the securities or investments to the judge of the court, who shall endorse on the account and copy thereof a certificate that the securities or investments shown therein as held by the guardian were each in fact exhibited to him and that those exhibited to him were the same as those shown in the account, and noting any omission or discrepancy. That certificate and the certificate of an official of the bank in which are deposited any funds for which the guardian is accountable, showing the amount on deposit, shall be prepared and signed in duplicate and one of each shall be filed by the guardian with his account.

(3) At the time of filing in the court any account, a certified copy thereof and a signed duplicate of each certificate filed with the court shall be sent by the guardian to the office of the Veterans Administration having jurisdiction over the area in which the court is located. A signed duplicate or a certified copy of any petition, motion or other pleading, pertaining to an account, or to any matter other than an account and which is filed in the guardianship proceedings or in any proceeding for the purpose of removing the disability of minority or mental incapacity, shall be furnished by the person filing the same to the proper office of the Veterans Administration. Unless hearing be waived in writing by the attorney of the Veterans Administration, and by all other persons, if any, entitled to notice, the court shall fix a time and place for the hearing on the account, petition, motion or other pleading not less than fifteen [15] days nor more than thirty [30] days from the date same is filed, unless a different available date be stipulated in writing. Unless waived in writing, written notice of the time and place of hearing shall be given the Veterans Administration office concerned and the guardian and any others entitled to notice not less than 15 days prior to the date fixed for the hearing. The notice may be given by mail in which event it shall be deposited in the mails not less than 15 days prior to said date. The court or clerk thereof, shall mail to said Veterans Administration office a copy of each order entered in any guardianship proceeding wherein the Administrator is an interested party.

(4) If the guardian is accountable for property derived from sources other than the Veterans Administration, he shall be accountable as is or may be required under the applicable law of this State pertaining to the property of minors or persons of unsound mind who are not beneficiaries of the Veterans Administration, and as to such other property shall be entitled to the compensation provided by such law. The account for other property may be combined with the account filed in accordance with this section. [Acts 1943, No. 177, § 10, p. 360.]

Proceeding not Adversary.

DECISIONS UNDER PRIOR LAW

When guardian of incompetent veteran presented a settlement to the probate court, proceeding was adversary in the sense that ward must be represented by one especially appointed for that purpose, but it was the court's duty to examine the account and to take such steps as may be necessary to verify the guardian's fidelity. Lingo v. Rainwater, 199 Ark. 618, 136 S. W. (2d) 161.

Re-Opening Account.

Guardian's account made after death of ward would not be reopened on motion of administratrix because of payments made after death of ward, where such payments were approved by a representative of the Veterans' Bureau and the probate court and the same payments would be required to be made by the administratrix if the administratrix received the money. Hicks v. Johnson, 196 Ark. 103, 116 S. W. (2d) 597. 57-511. Failure to account or furnish copies-Penalty.-If any guardian shall fail to file with the court any account as required by this act [§§ 57-501-57-522], or by an order of the court, when any account is due or within thirty [30] days after citation issues as provided by law, or shall fail to furnish the Veterans Administration a true copy of any account, petition or pleading as required by

this act, such failure may in the discretion of the court be ground for his removal. [Acts 1943, No. 177, § 11, p. 360.]

57-512. Compensation of guardians.-Compensation payable to guardians shall be based upon services rendered and shall not exceed 5% of the amount of moneys received during the period covered by the account. In the event of extraordinary services by any guardian, the court, upon petition and hearing thereon may authorize reasonable additional compensation therefor. A copy of the petition and notice of hearing thereon shall be given the proper office of the Veterans Administration in the manner provided in the case of hearing on a guradian's [guardian's] account or other pleading. No commission or compensation shall be allowed on the moneys or other assets received from a prior guardian nor upon the amount received from liquidation of loans or other investments. [Acts 1943, No. 177, § 12, p. 360.]

Compiler's Note.

The bracketed word "guardian's" was inserted by the compiler.

57-513. Investments-Court order necessary-Exceptions.-Every guardian shall invest the surplus funds of his ward's estate in such securities or property as authorized under the laws of this State but only upon prior order of the court; except that the funds may be invested without prior court authorization, in direct unconditional interest-bearing obligations of this State or of the United States and in obligations the interest and principal of which are unconditionally guaranteed by the United States. A signed duplicate or certified copy of the petition for authority to invest shall be furnished the proper office of the Veterans Administration and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account. [Acts 1943, No. 177, § 13, p. 360.]

57-514. Maintenance and support.-A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the ward, the spouse and the minor children of the ward, except upon petition to and prior order of the court after a hearing. A signed duplicate or certified copy of said petition shall be furnished the proper office of the Veterans Administration and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account or other pleading. [Acts 1943, No. 177, § 14, p. 360.]

Purchase of Home.

DECISIONS UNDER PRIOR LAW

Probate court had power to authorize the guardian of a mentally incompetent veteran to purchase a home for the ward and his dependent family and pay for same out of the proceeds of the ward's estate. United States. Fidelity & Guarantee Co. v. Chambers, 204 Ark. 81, 160 S. W. (2d) 888. (See also § 57-515.)

57-515. Purchase of home for ward-Evidence of value and title-Purchaser at foreclosure of ward's lien-Partition of land.—(1) The court may authorize the purchase of the entire fee simple title to real estate in this State in which the guardian has no interest, but only as a home for the ward, or to protect his interest, or (if he is not a minor) as a home for his dependent family. Such purchase of real estate shall not be made except upon the entry of an order of the court after hearing upon verified petition. A copy of the petition shall be furnished the proper office of the Veterans Administration and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account.

(2) Before authorizing such investment the court shall require written evidence of value and of title and of the advisability of acquiring such real estate. Title shall be taken in the ward's name. This section does not limit the right of the guardian on behalf of his ward to bid and to become the purchaser of real estate at a sale thereof pursuant to decree of foreclosure of lien held by or for the ward, or at a trustee's sale, to protect the ward's right in the property so foreclosed or sold; nor does it limit the right of the guardian, if such be necessary to protect the ward's interest and upon prior order of the court in which the guardianship is pending, to agree with co-tenants of the ward for a partition in kind, or to purchase from co-tenants the entire undivided interest held by them, or to bid and purchase the same at a sale under a partition decree, or to compromise adverse claims of title to the ward's realty. [Acts 1943, No. 177, § 15, p. 360.]

Compiler's Note.

The words "if he is not a minor" were enclosed in parentheses in the original act. 57-516. Copies of public records furnished without charge.-When a copy of any public record is required by the Veterans Administration to be used in de

termining the eligibility of any person to participate in benefits made available by the Veterans Administration, the official custodian of such public record shall without charge provide the applicant for such benefits or any person acting on his behalf or the authorized representative of the Veterans Administration with a certified copy of such record. [Acts 1943, No. 177, § 16, p. 360.]

57-517. Certificate of majority or competency-Discharge of guardian and release of sureties upon final accounting.-(1) In addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the Veterans Administration showing that a minor ward has attained majority, or that an incompetent ward has been rated competent by the Veterans Administration upon examination in accordance with law shall be prima facie evidence that the ward has attained majority, or has recovered his competency. Upon hearing after notice is provided by this act [§§ 57-501-57-522] and the determination by the court that the ward has attained majority or has recovered his competency, an order shall be entered to that effect, and the guardian shall file a final account. Upon hearing after notice to the former ward and to the Veterans Administration, as in case of other accounts, upon approval of the final account, and upon delivery to the ward of the assets due him from the guardian, the guardian shall be discharged and his sureties released. [Acts 1943, No. 177, § 17, p. 360.]

57-518. Commitment to veterans administration or other United States government agency-Foreign commitment, jurisdiction of person-Transfers.(1) Whenever, in any proceeding under the laws of this State for the commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his proper care, it is determined after such adjudication of the status of such person as may be required by law that commitment to a hospital for mental disease or other institution is necessary for safekeeping or treatment and it appears that such person is eligible for care or treatment by the Veterans Administration or other agency of the United States Government, the court, upon receipt of a certificate from the Veterans Administration or such other agency showing that facilities are available and that such person is eligible for care or treatment therein, may commit such person to said Veterans Administration or other agency. The person whose commitment is sought shall be personally served with notice of the pending commitment proceeding in the manner as provided by the law of this State; and nothing in this act [88 57-501-57-522] shall affect his right to appear and be heard in the proceedings. Upon commitment, such person when admitted to any facility operated by any such agency within or without this State shall be subject to the rules and regulations of the Veterans Administration or other agency. The Chief Officer of any facility of the Veterans Administration or institution operated by any other agency of the United States to which the person is so committed shall with respect to such person be vested with the same powers as superintendents of State hospitals for mental diseases within this State with respect to retention of custody, transfer, parole or discharge. Jurisdiction is retained in the committing or other appropriate court of this State at any time to inquire into the mental condition of the person so committed and to determine the necessity for continuance of his restraint, and all commitments pursuant to this act are so conditioned.

(2) The judgment or order of commitment by a court of competent jurisdiction of another State or of the District of Columbia, committing a person to the Veterans Administration, or other agency of the United States Government for care or treatment shall have the same force and effect as to the committed person while in this State as in the jurisdiction in which is situated the court entering the judgment or making the order; and the courts of the committing State, or of the District of Columbia, shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of such person, and of determining the necessity for continuance of his restraint; as is provided in subsection (1) of this section with respect to persons committed by the courts of this State. Consent is hereby given to the application of the law of the committing State or District in respect to the authority of the chief officer of any facility of the Veterans Administration, or of any institution operated in this State by any other agency of the United States to retain custody, or transfer, parole or discharge the committed person.

(3) Upon receipt of a certificate of the Veterans Administration or such other agency of the United States that facilities are available for the care or treatment of any person heretofore committed to any hospital for the insane or other institution for the care or treatment of persons similarly afflicted and that such

person is eligible for care or treatment, the superintendent of the institution may cause the transfer of such person to the Veterans Administration or other agency of the United States for care or treatment. Upon effecting any such transfer, the committing court or proper officer thereof shall be notified thereof by the transferring agency. No person shall be transferred to the Veterans Administration or other agency of the United States if he be confined pursuant to conviction of any felony or misdemeanor or if he has been acquitted of the charge solely on the ground of insanity, unless prior to transfer the court or other authority originally committing such person shall enter an order for such transfer after appropriate motion and hearing.

Any person transferred as provided in this section shall be deemed to be committed to the Veterans Administration or other agency of the United States pursuant to the original commitment. [Acts 1943, No. 177, § 18, p. 360.] Cross-Reference.

Admission of patients to state hospital, § 59-243.

57-519. Construction in uniformity with other states.-This act [§§ 57-50157-522] shall be so construed to make uniform the law of these states which enact it. [Acts 1943, No. 177, § 19, p. 360.]

57-520. Short title. This act [§§ 57-501-57-522] may be cited as the "Uniform form Veterans' Guardianship Act." [Acts 1943, No. 177, § 20, p. 360.]

Separability.

Section 21 of Acts 1943, No. 177, read: "If any provision of this act or application thereof to any person or circumstances is held invalid, such invaliidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable."

57-521. Repeal of inconsistent acts-Guardianship laws and practice applicable. All acts or parts of acts relating to beneficiaries of the Veterans Administration inconsistent with this act [§§ 57-501-57-522] are hereby repealed, especially Sections 6318 to 6337 inclusive of Pope's Digest of the Statutes of Arkansas, and Act 283 of the Acts of 1941. Except where inconsistent with this act, the laws of this State relating to guardian and ward and the judicial practice relating thereto, including the right to trial by jury and the right of appeal, shall be applicable to such beneficiaries and their estates. [Acts 1943, No. 177, § 22, p. 360.]

Compiler's Note.

Sections 6318 to 6337 of Pope's Digest, repealed by this section, were from Acts 1929, No. 36.

57-522. Application of act.—The provisions of this act [§§ 57-501-57-522] relating to surety bonds and the administration of estates of wards shall apply to all "income" and "estate" as defined in section 1 [§ 57-501] of this act whether the guardian shall have been appointed under this act or under any other law of this State, special or general, prior or subsequent to the enactment hereof.. [Acts 1943, No. 177, § 23, p. 360.]

Effective Date.

Section 24 of Acts 1943, No. 177, read: "This act shall take effect from and after its passage and approval." It was approved March 6, 1943; however, such effective date would be invalid under decisions in Arkansas Tax Comm. v. Moore, 103 Ark. 48, 145 S. W. 199, and Cunningham v. Walker, 198 Ark. 928, 132 S. W. (2d) 24.

CALIFORNIA (DEERINGS) MILITARY AND VETERANS CODE 1954, §§ 1034 TO 1039, 1040, 1046

§ 1034. Disposition of moneys received by board: Payment to executive officer: Forwarding to State Treasurer: Deposit.-Except money received from this State for disbursement, all moneys received by the home, or by any officer of the home, including pension and other moneys belonging to veterans and other trust moneys, shall be immediately paid to the executive officer of the home. On or before the tenth day of each month the executive officer of the home shall forward to the State Treasurer all moneys in his possession, except pension and other moneys belonging to veterans, trust moneys, the post funds, and the emergency fund, hereinafter mentioned, together with a statement of the sources from which the same have been received. The moneys shall be deposited by the State Treasurer to the credit of the General Fund of the State; provided, however, that abatements of support expenditures shall be credited to the support appropriation current at the time of collection.