§ 8643. Evidence of need for guardian.-Where a petition is filed for the appointment of a guardian of a minor ward a certificate of the director, or his representative, setting forth the age of such minor as shown by the records of the bureau and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the bureau shall be prima facie evidence of the necessity for such appointment.

1932 Code, § 8643; 1929 (36) 262.

§ 8644. Certificate of incompetence. 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 bureau on examination in accordance with the laws and regulations governing such bureau; and that the appointment of a guardian is a condition precedent to the payment of any moneys due such person by the bureau, shall be prima facie evidence of the necessity for such appointment.

1932 Code, § 8644; 1929 (36) 262.

§ 8645. Notice of petition.-Upon the filing of a petition for the appointment of a guardian, under the provisions of this article, the court shall cause such notice to be given as provided by law.

1932 Code, § 8645; 1929 (36) 262.

§ 8646. Fitness of guardian-bond. Before making an appointment under the provisions of this article the court shall be satisfied that the guardian whose appointment is sought is a fit and proper person to be appointed. Upon the appointment being made the guardian shall execute and file a bond to be approved by the court in an amount not less than the sum then due and estimated to become payable during the ensuing year. The said bond shall be in the form and be conditioned as required of guardians appointed under the guardianship laws of this State. The court shall have power from time to time to require the guardian to file an additional bond.

Where a bond is tendered by a guardian with personal sureties, such sureties shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and 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.

1932 Code, § 8646; 1929 (36) 262.

§ 8647. Reports of guardians receiving funds from veterans' administration— furnish veterans' administration copy of certain pleadings and also give it notice of hearings.-Every guardian, who has received or shall receive on account of his ward, and moneys from the veterans' administration, its predecessors or successors, 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. Such guardian, at the time of filing his account, shall exhibit all securities or investments shown by the account to have been acquired with funds so received and then on hand, and described therein, to an officer of the bank or other depository wherein said securities are held for safe keeping or to an authorized representative of the corporation which is surety on his bond, or to the clerk or other officer of a court of record in this State, or, upon the request of the guardian or other interested party, to any other reputable person designated by the court. The person to whom such assets are so exhibited 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 such certifying officer shall be an officer other than the officer verifying the account; or the guardian may exhibit such securities or investments to the court, who shall endorse on the account and copy thereof, a certificate that the securities or investments shown therein as on hand were each 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 are deposited any funds for which the guardian is accountable, showing the amount of deposit, shall be filed by the guardian with his account. A certified copy of each of such accounts and a signed duplicate of each of such certificates filed with the court shall be sent by the guardian to the office of the veterans administration having jurisdiction over the area in which such court is located. A duplicate signed copy or certified copy of any petition,

motion or other pleading, which is filed in the guardianship proceeding, or in any proceeding for the purpose of removing the disability of minority or of mental incapacity, 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 an 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 unless waived in writing written notice of the time and place of such hearing shall be given to the aforesaid veterans' administration office not less than fifteen days prior to the date fixed for the hearing. Such notice may be given by mail, in which event it shall be deposited in the mails not less than fifteen days prior to said date. Notice of such hearing shall in like manner be given to the guardian and to any others entitled to notice. The court, or clerk thereof, shall mail to said veterans administration office, a copy of each order entered in any guardianship proceeding wherein the veterans' administration is an interested party.

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 person of unsound mind who are not beneficiaries of the veterans administration.

1932 Code, § 8647; 1929 (36) 262; 1941 (42) 280.

8648. Failure to report. If any guardian shall fail to file any account of the moneys received by him from the bureau on account of his ward within thirty days after such account as required by either the court or the bureau, or shall fail to furnish the bureau a copy of his accounts as required by this article, such failure shall be grounds for removal.

1932 Code, § 8648; 1929 (36) 262.

§ 8649. Compensation.-Compensation payable to guardians shall not exceed five per cent. or the income of the ward during any year. In the event of extraordinary services rendered by such guardian the court may, upon petition and after hearing thereon, authorize additional compensation therefor payable from the estate of the ward. Notice of such petition and hearing shall be given the proper office of the bureau in the manner provided in section 8647. No compensation shall be allowed on the corpus of an estate received from a preceding guardian. The guardian may be allowed from the estate of his ward reasonable premiums paid by him to any corporate surety upon his bond.

1932 Code, § 8649; 1929 (36) 262.

§ 8650. Investments guardians make.—Every guardian shall invest the surplus funds in his ward's estate in such securities, or otherwise as is allowed by law, and in which investment the guardian has no interest, but only upon prior order of the court; except that such funds may be invested, without prior court authorization, in direct interest-bearing obligations of this state or of the United States and in obligations the interest and principal of which are both unconditionally guaranteed by the United States government.

1932 Code, § 8650; 1929 (36) 262; 1941 (42) 280.

8 8 9049 thru 9051-1 should be consulted in connection with this section.

§ 8651. Use of estate for support.-A guardian shall not apply any portion of the estate of his ward for the support and maintenance of any person other than his ward, except upon order of the court after a hearing, notice of which has been given the proper office of the bureau in the manner provided in section 8647.

1932 Code, § 8651; 1929 (36) 262.

§ 8652. Copies of records.-Whenever a copy of any public record is required by the bureau to be used in determining the eligibility of any person to participate in benefits made available by such bureau, the official charged with the custody of such public record shall without charge provide the applicant for such benefits of any person acting on his behalf or the representative of such bureau with a certified copy of such record.

1932 Code, § 8652; 1929 (36) 262.

88653. Commit certain persons to veterans' administration-transfer certain committed persons to veterans' administration-nonresidents committed to veterans' adminisration and in this State.-Whenever, in a proceeding for the commitment of any person it is determined that such person is a lunatic or if feebleminded or insane, and ought to be committed for safekeeping or treatment, and that such person is eligible for care or treatment by the veterans' administration or other agency of the United States government, the court for the county in which such person resides or, wherein he is found in this State, if he is not a resident of this State, having jurisdiction in such matters, 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 the veterans' administration or other agency of the United States government for care or treatment in the manner provided by law for the commitment of mental incompetents to state institutions.. Thereafter, upon admission such committed person shall be subject to the applicable rules and regulations of the veterans' administration or such other agency of the United States government. The chief officer of any facility or other institution to which such person is committed pursuant to the provisions of this section, shall be vested with the same powers exercised by officials of state hospitals for the insane or other institutions for the care or treatment of persons similarly afflicted, with respect to the retention, transfer, parole, or discharge of persons so committed. Notice of such pending proceedings shall be furnished the person whose commitment is sought and his right to appear and defend shall not be denied. The judgment or order of commitment by a court of competent jurisdiction of another state 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 such person while in this state as in the state in which is situated the court entering such judgment or making such order.

Upon receipt of a certificate of the veterans' administration, or such other agency of the United States government, that facilities are available for the care or treatment of any person heretofore committed to any hospital for the insane or other institution in this state for the care of persons similarly afflicted, and that such person is eligible for such care and treatment, the superintendent of any such hospital or institution in this state, is hereby authorized to cause the transfer of any such person to the veterans' administration or other agency of the United States Government for care or treatment. Upon effecting any such transfer, the committing court shall be notified thereof by the transferring agency; provided, however, that no person shall be transferred, if he be confined pursuant to conviction of any crime or misdemeanor, or if he shall have been acquitted of any such charge solely on the ground of insanity, unless, prior to such transfer, the court 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 com. mitted to the veterans' administration or other agency of the United States government, pursuant to the original commitment, the same as if he had been originally so committed. Provided, when the probate judge of Chester County shall commit a veteran to a United States veterans' bureau hospital as provided in this section to he be paid by Chester County the same fees as is paid him for committing a patient to the state hospital.

1932 Code, § 8653; 1929 (36) 262; 1938 (40) 1661; 1941 (42) 280.

§ 8654. Final discharge.—When a minor ward for whom a guardian has been appointed under the provisions of this article or other laws of this State shall have attained his or her majority, and if incompetent shall be declared competent by the bureau and the court, and when any incompetent ward, not a minor, shall be declared competent by said bureau and the court, the guardian shall upon making a satisfactory accounting be discharged upon a petition filed for that purpose.

1932 Code, § 8654; 1929 (36) 262.

88655. Construction. This article shall be construed liberally to secure the beneficial intents and purposes thereof and shall apply only to beneficiaries of the bureau.

1932 Code, § 8655; 1929 (36) 262.

§ 8656. Citation. This article may be cited as the "Uniform Veterans' Guardianship Act."

1932 Code, § 8656; 1929 (36) 262.

§ 8657. Uniformity of purpose. This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those States which enact it.

1932 Code, § 8657; 1929 (36) 262.

§ 8658. Sections independent.-The invalidity of any portion of this article shall not affect the validity of any other portion thereof which can be given effect without such invalid part.

1932 Code, § 8658; 1929 (36) 262.

VETERANS GUARDIANSHIP, SOUTH CAROLINA ACTS, 1952, No. 836

No. 836

An Act To Revise The Laws Relating To The Hospitalization, Detention, Guardianship, Care And Treatment Or Training Of Mentally Ill And Of Mentally Deficient Persons And The Laws Otherwise Relating To Mentally Ill Or Mentally Deficient Persons And Their Estates; To Designate The Present Board Of Regents Of The South Carolina State Hospital As The South Carolina Mental Health Commission, And To Define Its Powers And Duties Including Power To Regulate Institutions For The Mentally Ill, Mentally Defective, Drug Addicted, Senile. Alcoholic Or Epileptic; and To Repeal Sections 1949, 2020, 2128, 3187, 6222 Through 6269 And 8653, Code Of Laws Of South Carolina, 1942, Relating To The Mentally Ill Or Mentally Deficient.

Be it enacted by the General Assembly of the State of South Carolina :

ARTICLE I

Section 1. Definitions.-When used in Articles I, II, III and IV of this act, the following terms shall have the meanings ascribed to them in this section unless the context clearly indicates a different meaning:

(a) Mentally ill person: A person afflicted with a mental disease to such an extent that for his own welfare or the welfare of others or of the community, he requires care, treatment, detention, or training, or to an extent which renders him incapable of caring for or managing his own estate.

(b) Mentally defective or mentally deficient person: A person whose mental abilities have been defective or arrested before birth or at birth, or whose mental development has been arrested by disease or physical injury occurring at an early age, in either case to such an extent that he lacks sufficient control, judgment and discretion to manage himself or his affairs or why by reason of this deficiency, for his own welfare or the welfare of others, or of the community, requires training, supervision, guidance, care, or control.

(c) Patient or trainee: A person under observation, care, or treatment or receiving training in a mental health facility pursuant to law.

(d) Licensed physician: An individual licensed under the laws of this state to practice medicine or a medical officer of the Government of the United States while in this state in the performance of his official duties.

(e) Designated examiner: A licensed physician or psychologist registered by the South Carolina Mental Health Commission as specially qualified, under standards established by it, in the diagnosis of mental or related illnesses, or in the diagnosis of mental deficiency.

(f) Superintendent: The individual in charge of an institution, or his designee. (g) Director :The State Director of Mental Health.

(h) Commission: The South Carolina Mental Health Commission.

(i) Treatment: Any standard medical, surgical or psychiatric treatment.

(j) Discharge: An absolute release or dismissal from an institution.

(k) Conditional discharge or leave of absence: A qualified release or a qualified dismissal from an institution.

(1) State mental health facility or facility: Any hospital, clinic, training school or other institution maintained by the state for the care, treatment, or training of persons who are mentally ill, mentally defective, epileptic, senile, drug addicted, or alcoholic.

(m) Hospital: A public or private hospital, or part thereof, equipped to provide in-patient care and treatment for the mentally ill, epileptic, senile, drug addicted, or alcoholic.

(n) Training school: An institution maintained by the state for the care, training and treatment of persons who are mentally deficient and of persons, under sixteen years of age, who may be suffering from serious emotional disturbances or behavior difficulties requiring adjustment, treatment or training.

(0) Mental health clinic: Any institution, or part thereof, maintained by the state for the diagnosis, treatment and care on an out-patient basis of any person suffering from any mental disease, emotional disturbance or behavior problem.

(p) State hospital: A hospital, or part thereof, equipped to provide in-patient care and treatment for the mentally ill, epileptic, senile, drug addicted, or alcoholic and maintained by the state.

(q) State of citizenship: The last state in which the person resided for two or more consecutive years.

Section 2. South Carolina Mental Health Commission-also mental health authority-appointment-term-removal.-The Governor shall, with the advice and consent of the Senate, appoint a board of regents, which shall be known as the South Carolina Mental Health Commission and shall also be the South Carolina Mental Health Authority. The commission shall consist of five members, whose terms of office shall be so designated that the term of one member shall expire each year, subject to removal by the Governor for cause.

Section 3. Duties and powers.-The commission shall have the following rights, powers, and duties:

(a) It shall form a body corporate in deed and in law with all the powers incident to corporations.

(b) It shall be vested with title to the property, real and personal, now vested in the Board of Regents of the South Carolina State Hospital, and all contractual rights and duties of the Board of Regents are hereby devolved upon the commission.

(c) It shall have charge of all state mental health facilities and shall have sole charge of the regulation, licensing, and inspection of all hospitals or other institutions in this state insofar as they are equipped to provide in-patient care, treatment, or training for the mentally ill, mentally defective, epileptic, senile, drug addicted, or alcoholic.

(d) It may prescribe the form of applications, records, reports, and medical certificates provided for under this act and the information required to be contained therein, require reports from the superintendent of any institution relating to the admission, examination, diagnosis, discharge or conditional discharge of any patient, investigate complaints made by any patient or by any person on behalf of a patient, and adopt such rules and regulations not inconsistent with the provisions of this act as it may find to be reasonably necessary for the government of all institutions over which it has authority and of state mental health facilities and the proper and efficient institutionalization of the mentally ill, mentally defective, epileptic, senile, drug addicted, or alcoholic, but any person affected thereby shall have the right to appeal therefrom to any court of record. The judge of probate in each county shall keep an adequate supply of all forms necessary for the admission or commitment of all persons under this act.

(e) It may appoint and, in its discretion, remove a State Director of Mental Health, who shall be a medical doctor specializing in the field of psychiatry, and may appoint and in its discretion remove superintendents of the state mental health facilities, except as otherwise provided in this act.

(f) It shall fix the amount of the salaries or emoluments of all officers and employees of state mental health facilities.

(g) It shall establish the charges for maintenance and medical care for patients, other than beneficiary, of state mental health facilities. These charges shall be based upon the per capita costs per day of the services rendered, which may include costs of operation, costs of depreciation, and all other elements of cost, which may be adjusted from time to time as the commission considers advisable. It shall establish a reasonable scale of fees to be charged patients, other than beneficiary, served by the mental health clinics and shall retain these fees for use in defraying the expenses of the clinics.

(h) It may authorize the superintendents to employ suitable persons to act as marshals to keep intruders off and prevent trespass upon state mental health facilities.

(i) It may, by resolution recorded on the minutes of its meetings, grant easements, permits, or rights-of-way on, over, or under the grounds of the facilities, but none may be granted unless approved in writing by the Atorney General before delivery.

(j) It shall cooperate with persons in charge of penal institutions in this state for the purpose of providing proper care and treatment for mental patients confined therein because of emergency.

(k) It shall establish mental health clinics throughout the state and shall supervise them.