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.

III. At the time of filing any account in the court, 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 days nor more than thirty 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 fifteen 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 fifteen days prior to such date. The court, or clerk thereof, shall mail to such veterans administration office a copy of each order entered in any guardianship proceeding wherein the administrator is an interested party.

IV. 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.

1943, No. 33, § 10.

3401. Penalty for failure to account.-If a guardian fails to file with the court an account as required by this chapter, or by an order of the court, when an account is due or within thirty days after citation issues as provided by law. or fails to furnish the Veterans' Administration a true copy of an account, petition or pleading as required by this chapter, such failure may, in the discretion of the court, be ground for his removal.

1943, No. 33, § 11.

3402. Compensation of guardians.-Compensation payable to guardians shall be based upon services rendered and shall not exceed five per cent of the amount of moneys received during the period covered by the account. In the event of extraordinary services by a 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 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.

1943, No. 33, § 12.

3403. Investments.-A 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. 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 such office as provided in the case of hearing on the guardian's account.

1943, No. 33, § 13.

A

3404. 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

certificate copy of such petition shall be furnished the proper office of the Veterans' Administration and notice of hearing thereon shall be given such office as provided in the case of hearing on a guardian's account or other pleading. 1943, No. 33, § 14.

3405. Purchase of home for ward.-I. 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 such office as provided in the case of hearing on a guardian's account.

II. 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 for 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 interests 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. 1943, No. 33, § 15.

3406. Copies of public records to be furnished. When a copy of a public record is required by the veterans administration to be used in determining the eligibility of a 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 a person acting on his behalf or the authorized representative of the veterans administration with a certified copy of such record.

1943, No. 33, § 16.

3407. Discharge of guardian and release of sureties. In addition to 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 as provided by this chapter 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.

1943, No. 33, § 17.

3408. Commitment to veterans administration or other agency of United States government.-I. Whenever, in a 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 such 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 chapter shall affect his right to appear and be heard in the proceedings. Upon commitment, when admitted to a facility operated by such

agency within or without this state, such person shall be subject to the rules and regulations of the veterans administration or other agency. The chief officer of a facility of the veterans administration or institution operated by another agency of the United States to which the person is so committed, with respect to such person, shall be vested with the same powers as superintendents of state hospitals for mental diseases within this state with repect 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 chapter are so conditioned.

II. 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 I 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 subdivision I 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 a facility of the veterans administration, or of an institution operated in this state by another agency of the United States to retain custody, or transfer, parole or discharge the committed person.

III. 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 a person heretofore committed to a 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 instiution may cause the transfer of such person to the veterans administration or other agency of the United States for care or treatment. Upon effecting such transfer, the committing court or proper officer thereof shall be notified thereof by the transferring agency. A person shall not be transferred to the veterans administration or other agency of the United States if he be confined pursuant to conviction of a 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.

A 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.

1943, No. 33, § 18.

3409. Severability. If a provision of this chapter or application thereof to a person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

1943, No. 33, § 21.

3410. Modification of prior laws.-Except where inconsistent with this chapter, 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.

1943, No. 33, § 22.

3411. Application of chapter.—The provisions of this chapter relating to surety bonds and the administration of estates of wards shall apply to all "income" and "estate" as defined in section 3391, whether the guardian shall have been appointed under this chapter or under any other law of this state, special or general, prior or subsequent to the enactment hereof.

1943, No. 33, § 23.

LAWS OF VERMONT, 1955, VETERANS GUARDIANSHIP

No. 6 AN ACT To Amend Sections 3394, 3395 and 3402 of V. S. 47, Authorizing Executive Secretary of the State Veterans' Board To Act as Guardian of Certain Mentally Incompetent Veterans.

[H. 49]

It is hereby enacted by the General Assembly of the State of Vermont: Section 1. Section 3394 of the Vermont Statutes, Revision of 1947, is hereby amended so as to read as follows:

3394. LIMITATION ON NUMBER OF WARDS.-A person other than a bank or trust company, or the executive secretary of the state veterans' board acting under an appointment in that capacity pursuant to subdivision I (c) of section 3395, shall not 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.

Sec. 2. Subdivision I of section 3395 of the Vermont Statutes, Revision of 1947, is hereby amended so as to read as follows:

I. A petition for the appointment of a guardian may be filed by: (a) any relative or friend of the ward or by any person who is authorized by law to file such a petition; or, (b) if there is no person so authorized or 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 persons, indicating the necessity for the same, by any resident of this state; or, (c) if the ward is a mentally incompetent veteran in a state institution, and no petition is filed within sixty days after the mailing of such notice, the executive secretary of the state veterans' board may file one praying that he, or his successor in office, in his official capacity, be appointed guardian.

Sec. 3. Section 3402 of the Vermont Statutes, Revision of 1947, is hereby amended so as to read as follows:

3402. COMPENSATION OF GUARDIANS.-Compensation payable to guardians shall be based upon services rendered and shall not exceed five percent of the amount of moneys received during the period covered by the account. In the event of extraordinary services by a 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 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. The executive secretary of the state veterans' board shall not be entitled to any compensation in addition to his regular salary by reason of acting as guardian under an appointment pursuant to subdivision I (c) of section 3395. Sec. 4. This act shall take effect from its passage.

Approved February 1, 1955.

VETERANS GUARDIANSHIP, CODE OF VIRGINIA, 1950, §31-11.1

§ 31-11.1. Payments from Veterans' Administration.-Monthly payments of pension, compensation, insurance or other benefits from the Veterans' Administration made to a guardian shall be considered as income and not principal; provided that the accumulation of monthly payments of pension, compensation, insurance or other benefits received from the Veterans' Administration by a guardian and in his hands at the end of the accounting year, which accumulation amounts to two hundred dollars or more, may be carried over as principal and converted into the corpus of the estate. (1948, p. 57; Michie Suppl. 1948, § 5321a.)

VETERANS GUARDIANSHIP, CODE OF VIRGINIA, 1950, § 37-141

§37-141. Trustees for incompetent ex-service persons and their beneficiaries.— Whenever any former soldier, sailor or marine, or other ex-service person of the United States, or beneficiary of any ex-service person is found to be incompetent by the medical authorities of the Veterans' Administration, on motion of the Veterans' Administration or any person in interest, accompanied by a certificate

of the Administrator of Veterans' Affairs or his duly authorized representative, certifying that such person has been rated incompetent by the Veterans' Administration, and that the appointment of a trustee is a condition precedent to the payment of any moneys due such ex-service person or any beneficiary of such ex-service person, after reasonable notice to such person, the circuit court of the county or the corporation or hustings court of the city of which such ex-service person or beneficiary of such ex-service person is a legal resident, or such other courts in such city as have jurisdiction to appoint committees for mentally-ill persons, or the judges thereof in vacation, except that the Chancery Court of the City of Richmond or the judge thereof in vacation shall have exclusive jurisdiction of such matters under this section for any person who resides in that part of the City of Richmond which lies on the north side of the James River, in lieu of appointing a committee, or adjudging such ex-service person, or beneficiary of such ex-service person, mentally-ill, shall appoint a trustee for such ex-service person, or beneficiary of such e-service person, where it appears to the court that a trustee is needed for the purpose of receiving and administering such benefits of compensation or insurance as might be paid by the United States government. Such trustee, in addition to such duties and obligations imposed upon him under his trust by the federal government, shall be subject to such State laws as are now in force or hereafter enacted applicable to the appointment and administration of committees for mentally-ill persons.

Any person for whom a trustee has been appointed under the provisions of this section may thereafter be adjudged competent by the court or judge thereof in vacation which appointed the trustee. (1928, p. 1007; 1932, p. 789; Michie Code

1942, § 1050a; 1948, p. 350; 1950, p. 923.)

Cross reference.-See note to § 37-136.

The 1950 amendment substituted "mentally-ill" for "insane".

In a proceeding for the removal of the committee of an insane veteran it was held that this section fully recognizes the right of the Veterans' Bureau (now Veterans' Administration) to proceed in our courts in matters of this nature. United States Veterans' Bureau v. Thomas, 156 Va. 902, 159 S. E. 159.

CODE OF VIRGINIA, 1950, VETERANS GUARDIANSHIP 837-150.1

§37-150.1. Payments from Veterans' Administration.-Monthly payments of pension, compensation, insurance or other benefits from the Veterans' Administration made to a trustee shall be considered as income and not principal; provided that the accumulation of monthly payments of pension, compensation, insurance or other benefits received from the Veterans' Administration by a trustee and in his hands at the end of the accounting year, which accumulation amounts to two hundred dollars or more, may be carried over as principal and converted into the corpus of the estate. (1948, p. 57; Michie Suppl. 1948, § 5321a.) CODE OF VIRGINIA, 1950, VETERANS GUARDIANSHIP V. 2 TITLE 8

ARTICLE 2.

Lands of Persons under Disabilities.

§ 8-674. Leases on behalf of persons under certain disabilities.-When an infant or insane person or an ex-service person for whom a trustee has been appointed under the provisions of § 37-141 is entitled to or bound to renew any lease, any person on behalf of such infant or insane or ex-service person or any person interested may apply by petition or motion in a summary way to the circuit court of the county or circuit or corporation court of the corporation in which the land leased, or some part thereof lies, and by the order of the court any person appointed by it may, from time to time, surrender or accept a surrender of such lease, or take or make a new lease of the same premises for such term and with such provisions as the court directs. Such reasonable sums as are incurred to renew any such lease shall, with interest thereon, be paid out of the profits of the leasehold premises, and be a charge thereon until payment. (Code 1919, § 5334; 1946, p. 70.)

This chapter recognizes the inviolability of trust estates.-This and the following sections in this chapter recognize the inviolability of trust estates from lease, or sale, unless the interests of the cestuis que trustent will be promoted hereby, and unless the rights of no person will be violated. Schroeder v. Woodward, 116 Va. 506, 82 S. E. 192.