a final accounting. Upon hearing after notice to the former ward and to the veterans administration as in case of other accounts, upon approval of the final accounting, and upon delivery to the ward of the assets due him from the guardian, the guardian shall be discharged and his sureties released. [51GA, ch 230,§1 (21)] Saving clause, 51GA, ch 230,§1 (22) LAWS OF KANSAS, 1949 CHAPTER 402 COMMITMENT OF INCOMPETENTS TO THE VETERANS' ADMINISTRATION OR OTHER AGENCY OF THE UNITED STATES GOVERNMENT Senate Bill No. 241 AN ACT relating to the commitment of incompetents to the veterans' administration or other agency of the United States government, and repealing section. 73-515 of the General Statutes of 1935. Be it enacted by the Legislature of the State of Kansas: SECTION 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 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. SEC. 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 perscn, and of determining the necessity for continuance of his restraint; as is provided in section 1 of this act 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. SEC. 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 of persons similarly afflicted and that such person is eligible for care or treatment, the superintendent of the insti tution 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. SEC. 4. Section 73-515 of the General Statutes of 1935 is hereby repealed. SEC. 5. This act shall take effect and be in force from and after its publication in the statute book. Approved April 5, 1949. KENTUCKY REV. STATS. 1953, §§ 388.190 TO 388.390 388.190 388.200 Definitions 388.210 388.220 388.230 388.240 388.250 388.260 388.270 388.280 388.290 388.300 388.310 388.320 388.330 388.340 CHAPTER 388 UNIFORM VETERANS' GUARDIANSHIP ACT Administrator of Veterans' Affairs is necessary party top proceedings relating to When appointment of guardian or committee to be made under this chapter Notice of petition for appointment of guardian or committee Annual accounting; notices and information to be given Veterans Administration; Removal for failure to file accounts or furnish documents Compensation of guardian or committee Investment of funds Support of persons other than ward Certified copies of records to be furnished Veterans Administration without charge Termination of guardianship Commitment or transfer of incompetent to custody of Veterans Administration or other Federal agency Construction and application of chapter 388.350 388.360 388.370 388.380 388.390 Title of chapter Application of other laws Chapter governs estates of beneficiaries of Veterans Administration 388.010 to 388.180 [2043-1 to 2043-18] Repealed, 1942, c. 25, § 23. 388.190 Definitions.-As used in this chapter: (1) The term "person" includes a partnership, corporation or an association. (2) The term "Veterans Administration" means the Veterans Administration, its predecessors or successors. (3) The terms "estate" and "income" shall include only moneys received by the guardian or committee from the Veterans Administration, all earnings, interest and profits derived therefrom and all property acquired therewith. (4) The term "benefits" shall mean all moneys paid or payable by the United States through the Veterans Administration. (5) The term "Administrator" means the Administrator of Veterans Affairs or his successor. (6) The term "ward" means a beneficiary of the Veterans Administration. (7) The term "guardian" as used herein shall mean any person acting as a fiduciary for an incompetent person. (1942, c. 25, § 1) 388.200 Administrator of Veterans' Affairs is necessary party to proceedings relating to estate of beneficiary of Veterans Administration; notice.-The Administrator of Veterans Affairs or his successor is and shall be a party in interest in any proceeding brought under any law of this state for the appointment of a guardian or committee for any minor or mentally incompetent beneficiary of the Veterans Administration on whose account benefits have been paid or are payable by said Veterans Administration, and the said Administrator or his successor is and shall be an interested party in any court proceeding pertaining to or affecting in any manner the administration of the estate of any such beneficiary on whose account such benefits are payable or whose estate includes assets derived from benefits paid by the Veterans Administration, its predeces sor or successor. Written notice shall be given by registered mail, unless waived in writing, 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 such beneficiary of the Veterans Administration. Said notice shall be deposited in the mails not less than fifteen days prior to the date of such hearing or other proceeding. (1942, c. 25, § 1A) 388.210 When appointment of guardian or committee to be made under this chapter. 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 or committee be appointed for a minor or mentally incompetent beneficiary of the Veterans Administration, such appointment shall be made in the manner hereinafter provided. (1942, c. 25, § 2) 388.220 Guardian or committee representing five or more wards not eligible; exceptions. (1) Except as hereinafter provided, it shall be unlawful for any person to accept appointment as guardian or committee of any minor or mentally incompetent beneficiary of the Veterans Administration if such proposed guardian or committee shall at that time be acting as guardian or committee for five wards. In any case, upon presentation of a petition by an attorney of the Veterans Administration under this section alleging that a guardian or committee is acting in a fiduciary capacity for more than five wards and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian or committee and shall discharge such guardian or committee in said case. (2) The limitations of this section shall not apply where the guardian or committee is a bank or trust company. An individual may be guardian or committee of more than five wards if they are all members of the same family. (1942, c. 25, § 3) 388.230 Petition for appointment of guardian or committee; who to be appointed. (1) A petition for the appointment of a guardian or committee for any minor or mentally incompetent beneficiary of the Veterans Administration may be filed in the court having jurisdiction by or on behalf of any person who under existing law is entitled to priority of appointment. If there be no person so entitled or if the person so entitled shall neglect or refuse to file such a petition within thirty days after mailing of notice by the Veterans Administration to the last known address of such person indicating the necessity for the same, a petition for such appointment may be filed by or on behalf of any responsible person residing in this state. (2) The petition for appointment shall set forth the name, age, place of residence of such beneficiary, the name and place of residence of the nearest relative, if known, and the fact that such beneficiary 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 such beneficiary, and the name, age, relationship, if any, occupation and address of the person proposed for appointment as guardian or committee. Notwithstanding any provision of existing law as to priority, the court may appoint a capable individual, bank or trust company as guardian or committee, if the person entitled to priority fails to apply, or if after hearing the court determines it is for the best interest of such beneficiary to appoint another. (4) In the case of a mentally incompetent beneficiary, the petition shall show that such beneficiary has been rated incompetent by the Veterans Administration on examination in accordance with the laws and regulations governing the Veterans Administration. (1942, c. 25, § 4) 388.240 Certicate of Administrator is prima facie evidence of necessity for guardian. Where a petition is filed for the appointment of a guardian for a minor beneficiary of the Veterans Administration, a certificate of the Administrator of Veterans Affairs, or his authorized representative, accompanying such petition, 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. (1942, c. 25, § 5) 388.250 Certificate of Administrator is prima facie evidence of necessity for committee; guardian ad litem.—Notwithstanding the provisions of existing law for adjudication of incompetency and appointment of a committee upon the inquest of a jury, where a petition is filed for the appointment of a committee for a mentally incompetent beneficiary of the Veterans Administration under the provisions of this chapter, who is found within this state, whether or not a resident thereof, a certificate of the Administrator of Veterans Affairs or his duly authorized representative, accompanying such petition, setting forth the fact that such beneficiary 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 committee is a condition precedent to the payment of any moneys due such beneficiary by the Veterans Administration, shall be prima facie evidence of the necessity for such appointment. Provided, however, that some member of the Bar shall be appointed by the court to represent and protect the interests and rights of such incompetent beneficiary as provided under existing law, and further that the right of any such incompetent beneficiary or any person interested in such beneficiary to demand a trial by jury shall not be denied. (1942, c. 25, § 6) 388.260 Notice of petition for appointment of guardian or committee.-Upon the filing of a petition for the appointment of a guardian or committee under the provisions of this chapter, notice shall be given in like manner as is provided under existing law. (1942, c. 25, § 7) 388.270 Court to approve appointment; bond of guardian or committee.— (1) Before making an appointment under the provisions of this chapter, the court shall be satisfied that the person whose appointment is sought is a fit and proper person to be appointed. Upon the appointment being made, the guardian or committee 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 during the ensuing year. The said bond shall be in the form and be conditioned as required of guardians and committees appointed under the general guardianship laws of this state. The court shall have power from time to time to require the guardian or committee to file an additional bond. (2) Where a bond is tendered by a guardian or committee with personal sureties, there shall be at least two 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 they are each worth the sum named in the bond as the penalty thereof over and above all their debts and liabilities and exclusive of property exempt from execution. Notwithstanding such tender, the court may require additional security or may require a corporate surety bond, the premium thereon to be paid from the ward's estate. (1942, c. 25, § 8) 388.280 Annual accounting; notices and information to be given Veterans Administration; hearings.-(1) Every guardian or committee who shall receive on account of his word any moneys 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 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. The guardian or committee, at the time of filing his account, shall exhibit all securities or investments described therein to an officer of the bank or other depository wherein said securities are held for safekeeping, or to an authorized representative of the corporation which is surety on his bond, or to the clerk or deputy clerk of a court of record in this state or to any other reputable person designated by the court upon request of the guardian or committee or other interested party, who shall certify in writing that he has examined such securities or investments and identified them with those described in the account; provided, that if such depository is the guardian or committee, such certifying officer shall be an officer other than the officer verifying the account, or the guardian or committee may exhibit such securities or investments to the judge of the court who shall endorse on the account and copy thereof a statement that the securities or investments shown therein as on hand were in fact exhibited to him and that those exhibited to him were the same as those shown in the account. Such certificate, and the certificate of an official of the bank in which is deposited any cash balance showing the amount on deposit shall be filed by the guardian or committee with his account. A certified copy of each such account and a signed duplicate of such certificates filed with the court shall be sent by the guardian or committee to the office of the Veterans Administration having jurisdition over the area in which such court is located. A duplicate signed copy or certified copy of any petition, mo tion or other pleading which is filed in the guardianship proceedings, or in any proceedings for the purpose of removing the disability of minority or of mental incompetency, shall be furnished by the person filing the same, to the office of the Veterans Administration concerned. The court, unless hearing be waived in writing by the Chief Attorney of the Veterans Administration, shall fix a time and place for the hearing on such account, petition, or other pleading, not less than fifteen days nor more than thirty days from the date of filing same unless a different available date be stipulated in writing, and written notice of the time and place of such hearing shall be given by the court to the aforesaid Veterans Administration office not less than fifteen days prior to the date fixed for the hearing. Notice of such hearing shall in like manner be given to the guardian or committee and to any others entitled to notice. (2) The clerk shall mail said Veterans Administration office a copy of each order entered in any guardianship proceeding wherein the Veterans Administration is an interested part. (1942, c. 25, § 9) 388.290 Removal for failure to file accounts or furnish documents. If any guardian or committee shall fail to file with the court or the Veterans Administration, as required by this chapter, any account of the benefits received by him from the Veterans Administration on account of his ward within thirty days after such account is due, or shall fail to furnish the Veterans Administration a true copy of any account or of any petition or pleading as required by this chapter, such failure shall be grounds for removal. (1942, c. 25, § 10) 388.300 Compensation of guardian or committee.-Compensation payable to guardians or committees shall not exceed five percent of the income of the ward during any year. In the event of extraordinary services rendered by any guardian or committee, the court may, upon petition and after notice to the Veterans Administration and hearing thereon, authorize reasonable additional compensation therefor payable from the estate of the ward. Notice of such petition and hearing shall be given to the proper office of the Veterans Administration in the manner provided in KRS 388.280. No commission or compensation shall be allowed on the estate received from a preceding guardian. (1942, c. 25, § 11) 388.310 Investment of funds.-All funds in possession of such guardian or committee shall be invested in such securities or other property in which the guardian or committee has no interest as allowed by law, which investment shall be first approved by the court; except that investments in direct interest bearing obligations of the United States Government or of this state shall be permissible without an order of the court. (1942, c. 25, § 12) 388.320 Support of persons other than ward. A guardian or committee shall not apply any portion of the estate of his ward for the support and maintenance of any person other than said ward, his minor children and his wife (if she and the ward be living together) except upon petition to and prior order of the court after a hearing, notice of which has been given the proper office of the Veterans Administration in the manner and within the time provided in KRS 388.280. (1942, c. 25, § 13). 388.330 Certified copies of records to be furnished Veterans Administration without charge.-Whenever a copy of any public record is required by the Veterans Administration to be used in determining the eligibility of any person to participate in benefits made available by such Veterans Administration, the official charged with the custody 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 such Veterans Administration with a certified copy of such record. (1942, c. 25, § 14) 388.340 Termination of guardianship.-Upon filing a petition, or certificate, showing that a minor ward has attained majority, or that an incompetent ward has been rated competent upon examination in accordance with the law, the court may order the guardian or committee to file a final account; and, upon hearing, after notice to the former minor or incompetent and to the Veterans Administration in the manner and within the time provided by KRS 388.280, and upon approval of the final account, the court may so adjudge, and discharge the guardian or committee and release the sureties from liability upon delivery to the former ward of the assets due him by the former guardian or committee, and may make such further order as may be lawful. (1942, c. 25, § 15) 388.350 Commitment or transfer of incompetent to custody of Veterans Administration or other Federal agency.-(1) Whenever in a proceeding for the trial and commitment of any person who appears to be of unsound mind it is determined that such person is either feebleminded, an epileptic, insane person er an idiot and ought to be committed for safekeeping or treatment and it appears |