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 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 committeed 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 afficted 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. (4) 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. As amended, Laws 1943, c. 21795, § 1. Hospitalization, furnishing of, see 38 U. S. C. A. § 706. 293.19 Court costs in small estates.-Guardians who are holding funds received from, or who are currently in receipt of funds from, the veterans' administration for the ward, and where the amount so received during the accounting year does not exceed the sum of five hundred dollars, and where the funds on hand at the end of the accounting year do not exceed the sum of five hundred dollars, the court costs in such cases for docketing, indexing, filing, auditing, recording, and passing by order or otherwise of annual reports shall not exceed the sum of two dollars. Laws 1943, c. 21795, § 2. 293.20 Administrator of veterans' affairs as party in interest.--The administrator of veterans' affairs shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former ward whose estate includes assets derived in whole or in part from benefits heretofore or hereafter paid by the veterans' administration. Not less than fifteen days prior to hearing in such matter, notice in writing of the time and place thereof shall be given by mail (unless waived in writing) to the office of the veterans' administration having jurisdiction over the area in which any such suit or any such proceeding is pending. Laws 1943, c. 21795, § 3. FLORIDA STATS. ANNO. (POCKET PART. 1955), § 744.05 744.05 Guardians of incompetent world war veterans.—The provisions of this law shall extend to incompetent world war veterans, specifically provided for in chapters 293 and 294, or any amendment or revision thereof. The provisions of this law shall be cumulative to the provisions of said chapters. However, any conflict arising between provisions in said chapters 293 and 294, or any amendment or revision thereof, and this law shall be resolved by giving effect to the law as stated in said chapters. Laws 1945, c. 22750, § 1, as amended Laws 1955, c. 29615, § 33. Repeal of prior laws, exception, see note to § 744.01. CODE OF GEORGIA ANNO. (POCKET PART), 1947, §§ 49-801 to 49-819 CHAPTER 49-8. GUARDIANS OF INCOMPETENT WORLD WAR VETERANS Definitions of certain words used in Chapter. Sec. 49-801. 49-811. Annual accounting. 49-817. 49-818. 49-819. Administrator a party to proceedings for appointment or discharge of guardian. Effect of partial invalidity of Chapter. 49-801. Definitions of certain words used in Chapter.-As used in this Chapter, the term "person" shall include a partnership, corporation, or an association; the term "Bureau" shali mean the United States Veterans' Bureau or its successor; the terms "estate" and "income" shall include only moneys received by the guardian from the Bureau and all earnings, interest, and profits derived therefrom; the term "benefits" shall mean all moneys payable by the United States through the Bureau; the term "Director" shall mean the Director of the United States Veterans' Bureau or his successor; the term "ward" shall mean a beneficiary of the Bureau; and the term "guardian" shall mean any person acting as a fiduciary for a ward. The term "Veterans' Administration" means the United States Veterans' Administration, its predecessor or successors. The term "Administrator" means the Administrator of Veterans' Affairs or his successor. The : term "incompetent" means a person of unsound mind. (Acts 1929, pp. 248, 251; 1937, pp. 684, 685.) Editorial Note. The Act of 1937 amended this section by adding the definitions of "Veterans' Administration," "Administrator," and "incompetent." Cited. 182/240 (185 S. E. 318); 53 App. 674 (187 S. E. 246). 49-802. Manner of appointing guardian when Director requires appointment. Former law: Where first guardian was appointed before amendment of 1929, validity of such appointment must be determined under sections 49-604, 49-614, specifying procedure for appointment of guardians. 54 App. 707 (188 S. E. 840). Prima facie competency: Adult World War veteran, epileptic, for whom guardian has been appointed under this Chapter, solely to receive, invest, and disburse for ward funds or benefits allowed him by Federal Government, is, where not shown to be non compos mentis, prima facie competent personally to exercise his full legal rights, in and out of court, with respect to all matters not affecting such benefits. 55 App. 804 (191 S. E. 479). 49-803. Director's certificate prima facie evidence of necessity.— Cited. 55 App. 804, 819 (191 S. E. 479). 49-804. Petition for appointment of guardian; contents. Adjudication of insanity: Appointment of guardian under Ch. 49-8, although reciting that guardian appointed is guardian for property of ward other than that derived from war risk insurance, is not adjudication that ward is insane and incapable of handling property other than that payable to him as war risk insurance. 66 App. 292 (1) (17 S. E. 2d 896). 49-807. Fitness of guardian-Bond. Bond required of guardian of incompetent World War veteran, is obligation for benefit of ward only, and guarantee of faithful discharge by guardian of duties to ward, and is not obligation for discharge of any duty guardian may owe to person other than ward as provided in section 49-611, or otherwise, such as failure of guardian, where ward is insane, to confine ward where it is necessary to do so for safety of others. 53 App. 674 (187 S. E. 246). Suit against guardian and his surety on bond, to recover damages for alleged unlawful homicide of plaintiff's husband by insane ward of guardian, on ground that guardian had wilfully failed to confine ward, failed to set out a cause of action, and the general demurrers by defendants were properly sustained. Id. 49-809. Investment of funds. Savings bank deposit: Deposit by guardian of funds of his ward in savings bank was not "investment" of them, although deposit was subject to rule (never invoked) that bank could require 60 days' notice before withdrawal. 54 App. 53 (186 S. E. 864). 49-811. Annual accounting. Every guardian, who shall receive on account of his ward any money from the Bureau, shall file with the court annually, in the same manner as provided under the general law for guardians, a full, true and accurate account, on oath, of all moneys so received by him, of all disbursements thereof, and showing the balance thereof in his hands at the date of such account, and how invested. Such guardian shall list in each such account all the investments of his ward's funds showing therein the amount of each investment, date made, interest rate, date of maturity, dates and amounts of any liquidations and dates and amounts of interest payments. A certified copy of each of such accounts filed with the court shall be sent by the guardian within 10 days after the account is filed to the office of the Veterans' Administration having jurisdiction over the area in which such court is located. No account shall be allowed or admitted to record for a period of 60 days following the date of the filing thereof. (Acts 1929, pp. 248, 253; 1937, pp. 684, 686.) Appeal to superior court lies from order of ordinary denying petition of incompetent World War veteran for removal of his guardian, accounting and other relief. 54 App. 299 (187 S. E. 725). 49-813. Commitment to hospital; notice of proceedings; defense; trial.Amendment of proceedings under section 49-604 attempting to bring case under this section held properly disallowed. 62 App. 86 (8 S. E. 2d 95). Certiorari is only method provided by law by which action of court of ordinary, in refusing to entertain jurisdiction of petition to commit incompetent World War veteran to Veterans' Administration Facility, could be reviewed. 182/30 (184 S. E. 700). Jurisdiction: Court of ordinary of Richmond county has jurisdiction to commit insane person to United States Veterans' Bureau Hospital in that county although such hospital is on land which has been ceded by Georgia to United States Government, even though person found to be insane is at time a patient in such hospital and nonresident of State, and is seeking to be discharged from hospital as mentally competent person. 70 App. 229 (2) (28 S. E. 2d 181). Mandamus: Refusal of ordinary to entertain jurisdiction of petition to commit incompetent World War veteran to Veterans' Administration Facility is not reviewable by mandamus. 182/30 (184 S. E. 700). 49-817. Administrator a party to proceedings for appointment or discharge of guardian.—The Administrator or his authorized representative is and shall be a party in interest in any proceeding brought under any law of this State for the appointment or discharge of a guardian of a veteran or other beneficiary on whose account benefits are payable by the Veterans' Administration and the said Administrator or his authorized representative is and shall be an interested party in the administration of the estate of any such ward on whose account such benefits are payable or whose estate includes assets derived from benefits paid by the Veterans' Administration, its predecessor or successor. Written notice shall be given to the office of the Veterans' Administration having jurisdiction over the area in which the court is located of the time and place for hearing on any petition or pleading or in connection with any proceeding pertaining to or affecting in any manner the administration of the estate of any beneficiary of the Veterans' Administration. Said notice shall include a copy of the petition or other pleading and shall be given at such time as to reach such office in due course of mail not less than 10 days before the date of such hearing or other proceeding, unless otherwise provided in this Chapter. (Acts 1937, pp. 684, 687.) Notice not having been given of proceeding, and Administration not being present and represented by counsel, agent, or in any other manner, judgment allowing expenses and fees to counsel as charge on ward's estate was void. 67 App. 54 (19 S. E. 2d 535). 49-818. General guardianship laws applicable.-Except where inconsistent with this Chapter, the general guardianship laws of this State and the laws establishing the practice in such matters, including rights of appeal, shall be applicable to such wards and their estates. (Acts 1937, pp. 684, 688.) Cited. 70 App. 229, 233 (28 S. E. 2d 181). 49-819. Effect of partial invalidity of Chapter.-The invalidity of any portion of this Chapter shall not affect the validity of any portion thereof which can be given effect without such invalid part. (Acts 1937, pp. 684, 687.) GENERAL NOTE ON GUARDIAN AND WARD. Party In proceeding brought by next friend or guardian on behalf of another, suit is essentially that of one for whom suit is brought. 55 App. 804 (191 S. E. 479). IDAHO CODE 1947, § 15-1857 15-1857. Guardianship estate receiving government benefits-Service by government bureau of request for notice-Hearing on proceeding in such estate. At any time after the issuance of letters of guardianship in the estate of any minor, insane or incompetent person, any authorized representative of any agency, bureau, or department of the United States government from or through which any compensation, insurance, pension or other benefit is being paid, or is payable, may serve upon such guardian, or upon the attorney for such guardian, and file with the clerk of the court wherein the administration of such guardianship estate is pending, a written request stating that special written notice is desired of any or all of the following matters, steps or proceedings in the administration of such estate: 1. Filing of petition for sales, leases or mortgages of any property of the estate. 2. Filing of all intermediate or final accountings or accountings of any nature whatsoever. 3. Petitions by the guardian for family allowances or allowances for the ward or any other allowances of every nature from the funds of the estate. Such request for special written notice shall designate the name, address and post-office address of the person upon whom such notice is to be served, and no service shall be required under this act other than in accordance with such designation unless and until a new designation shall have been made. When any account, petition, or proceeding is filed in such estate of which special written notice is requested as herein provided, the court shall fix a time for hearing thereon which shall allow at least ten days for service of such notice before such hearing; and notice of such hearing, together with a copy of any such account, petition or proceeding, shall be served upon the person designated in such written request at least ten days before the date fixed for such hearing. If the place designated for such hearing is outside of the city in which is located the court in which such estate is being administered, the service may be made by leaving a copy with the person designated, or by mailing through the United States mail, with postage prepaid to the person and place designated; otherwise the service may be made by leaving a copy with the person or his authorized representative at the place designated. [1927, ch. 94, § 1, p. 122; I. C. A., § 15-1858.] Compiler's note.-The words "this act" refer to §§ 15-1857, 15-1858. SECTION. Analogous, Deering's Probate Code 1941, § 1600. IDAHO CODE, 1947, § § 15-1901 To 15-1923 CHAPTER 19. UNIFORM VETERANS' GUARDIANSHIP ACT 15-1917. 15-1918. 15-1919. Compensation of guardians. Maintenance and support. Purchase of home for ward. Discharge of guardian and release of sureties. Commitment to Veterans' Administration or other agency of United States government. Liberal construction. 15-1920. Short title. 15-1921. Separability. 15-1922. Repeal Application of prior laws. 15-1923. Application of act. 15-1901. Definitions.-As used in this act : "Person" means an individual, a partnership, a corporation or an association. "Veterans' Administration" means the Veterans' Administration, its predeces sors or successors. "Income" means moneys received from the Veterans' Administration and revenue or profit from any property wholly or partially acquired therewith. "Estate" means income on hand and assets acquired partially or wholly with "income." "Benefit" means all moneys paid or payable by the United States through the Veterans' Administration. "Administrator" means the Administrator of Veterans' Affairs of the United States or his successor. "Ward" means a beneficiary of the Veterans' Administration. "Guardian" means any fiduciary for the person or estate of a ward. [1943, ch. 39, § 1, p. 72.] Compiler's note.-Sections 15-1901-15-1921, I. C. A. 1932, S. L. 1929, ch. 139 as amended, were repealed by S. L. 1945, ch. 60, § 1. Laws 1943, ch. 39, being on the same subject, has been given the section numbers assigned to the 1929 act. The 1943 act is much the same as the prior law except that §§ 15-1915, 15-1917 are new. Comp. leg. Ariz. Code 1939, §§ 42-301-42-320. Ark. Stat. 1947, §§ 57-501-57-522. Cal. Colo. Ky. La. Md. Mont. Deering's Probate Code 1941, §§ 1650-1669. Laws 1945, ch. 235. Rev. Stat., §§ 388.190-388.390. Dart's Gen. Stat., §§ 9232-9255. Code 1939, art. 65, §§ 59-80A. N. Mex. Nebr. Rev. Stat. 1943, §§ 38-401-38-419. N. Car. S. Dak. Tenn. Utah. Wyo. Laws 1943, ch. 136. Williams' Ann. Code, §§ 8541-8558. Comp. Stat. 1945, §§ 7-701-7-719. Sec. to sec. ref. This section is referred to in § 15-1923. 15-1902. Administrator as party in interest.-The Administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian for for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former ward whose estate includes assets derived in whole or in part from benefits heretofore or hereafter paid by the Veterans' Administration. Not less than 15 days prior to hearing in such matter notice in writing of the time and place thereof shall be given by mail (unless waived in writing) to the office of the Veterans' Administration having jurisdiction over the area in which any such suit or any such proceeding is pending. [1943, ch. 39, § 2, p. 72.] 15–1903. Application.—Whenever, pursuant to any law of the United States or regulation of the Veterans' Administration, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner hereinafter provided. [1943, ch. 39, § 3, p. 72.] 15-1904. Limitation on number of wards.-No person other than a bank or trust company shall be guardian of more than five wards at one time, unless all the wards are members of one family. Upon presentation of a petition by an attorney of the Veterans' Administration or other interested person, alleging that a guardian is acting in a fiduciary capacity for more than five wards as herein provided and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian and shall discharge him from guardianships in excess of five and forthwith appoint a successor. [1943, ch. 39, § 4, p. 72.] 15-1905. Appointment of guardians.-(1) A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file such a petition. If there is no person so authorized ir if the person so authorized refuses or fails to file such a petition within thirty days after mailing of notice by the Veterans' Administration to the last known address of the person, if any, indicating the necessity for the same, a petition for appointment may be filed by any resident of the 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. |