state are hereby authorized to communicate with the bureau with reference to available facilities and eligibility and upon receipt of a certificate from the bureau stating that there are facilities available in a United States veterans' hospital and that the veteran is entitled to hospitalization therein, the court may then direct such veteran's commitment to such United States veterans' hospital. Thereafter such veteran upon admission shall be subject to the rules and regulations of such hospital and the officials of such hospital shall be vested with the same powers now exercised by superintendents of state hospitals for mental diseases within this state with reference to the retention of custody of the veterans so committed. Notice of such pending proceedings shall be furnished the persons so committed and his right to appear and defend shall not be denied. (Ib.) § 176. Discharge of guardian when ward becomes competent.-When a minor ward for whom a guardian has been appointed shall have attained his majority and has not been found incompetent, and when any incompetent ward has been rated competent by the bureau, a certificate of the director, or his duly authorized representative, to that effect shall be prima facie evidence that a guardian is no longer required and the court, upon the guardian filing a satisfactory final account, may discharge such guardian upon a petition filed for that purpose. Nothing herein contained shall be construed to prevent a ward from filing a petition for the discharge of his guardian on the ground that the ward has attained majority or is competent, or the court from acting on its own motion in such cases. (Ib.) ALABAMA CODE, 1945 CUM. POCKET PART, SEC. 40 § 40. (10614) (6186) (4277) (1980) (2308) (1944) (1625) What necessary to probate by proof of handwriting.—If none of the subscribing witnesses to such will are produced, their insanity, death, subsequent incompetency, or absence from the state must be satisfactorily shown before proof of the handwriting of the testator, or any of the subscribing witnesses, can be received; in addition to the methods already provided, the will of a soldier, sailor, or other person serving in the armed forces of the United States, executed while such person is in the actual service of the United States, shall be admitted to probate when either or all of the subscribing witnesses is out of the state at the time said will is offered for probate, or when the places of address of such witness or witnesses are unknown upon the oath of at least three credible witnesses, that the signature to said will is in the handwriting of the person whose will it purports to be. Such will so proven shall be effective to devise real property as well as to bequeath personal property of all kinds. (1945, p. 75, appvd. June 9, 1945.) Note. The 1945 amendment added that part of this section beginning with the words "in addition to" line five. ARIZONA CODE, POCKET SUPP. 1951, CH. 107, §§ 15-401-15-407 15-401. Definitions. In this act, unless the context otherwise requires: "veteran" means a citizen of the United States regularly enlisted, drafted, inducted or commissioned, and who was accepted for and assigned to active duty in the armed forces of the United States. [Laws 1951, ch. 107, § 1.] Title of Act. An act relating to veterans; creating the Arizona veterans' service commission; providing for the transfer of records and funds; and repealing sections 15-101 and 15-102, and sections 15-201 and 15-202, of article 2, chapter 15, Arizona Code of 1939. [Laws 1951, ch. 107.] 15-402. Arizona veterans' service commission.-The Arizona veterans' service commission shall consist of five [5] members who shall be appointed by the governor with the consent of the senate. Members shall be veterans, and shall be appointed from a list of three [3] names submitted by each veterans' organization in the state holding a charter granted by the Congress of the United States. No more than two [2] members shall be appointed from any list so submitted. Of the members first appointed one each shall serve for a term of one [1], two [2], three [3], four [4] and five [5] years respectively. Thereafter appointment shall be for a full term of five [5] years. Appointment to fill a vacancy caused other than by expiration of term shall be for the unexpired portion thereof. Members of the commission shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of official duties as provided by law for public officers. The member serving in the last year of his term of office shall be chairman of the commission. [Laws 1951, ch. 107, § 2.] 15-403. Powers and duties of the commission.—(a) The commission shall: 1. have authority to act as guardian of the estate of any insane or incompetent veteran, or of the minor children of any veteran; 2. provide emergency relief for veterans and their dependents, and to that end cooperate with the state, the United States, or any political subdivision of either established for the purpose of extending emergency relief to veterans; 3. disseminate information relating to laws beneficial to veterans or to the widows and children thereof; 4. assist veterans and the widows, children, personal representatives or heirs thereof in establishing any right or benefit accruing thereto; 5. assist veterans in obtaining employment preferences authorized by law; 6. cooperate with the state, the United States, or with a political subdivision of either established for the beneficial interest of veterans, and to that end enter into agreements and contracts deemed necessary to protect the rights or benefits extended to veterans, and, 7. prescribe rules and regulations not in conflict with law deemed necessary for the administration of the provisions of this act, including rules and regulations governing the granting of emergency relief. A claim for emergency relief submitted to the commission under the provisions of item 7 shall, upon approval by the director, be paid by the state treasurer on a warrant issued by the state auditor. Claims for emergency relief as provided herein shall not exceed the total made available therefor in the general appropriations bill. (b) The Commission shall be deemed a public corporation and may sue or be sued in its corporate name. The commission shall adopt an official seal, and not later than the first day of December of each year shall submit to the governor a written report of its activities. [Laws 1951, ch. 107, § 3.] 15-404. Director and employees. (a) The commission shall, within ten [10] days after appointment of the members thereof and with the advice and consent of the governor, appoint a director of veterans' affairs and such other assistants as may be deemed necessary, each of whom shall be a veteran, except that stenographers may be employed from among the wives, mothers, widows, sisters or children of veterans. (b) The director shall be the executive officer of the commission. In the name of the commission he shall direct the performance of all undertakings required by the commission in the exercise of its powers and duties, and shall execute all official documents and affix thereto the official seal of the commission. The director and the executive assistants of the commission may administer oaths and affirmations, and execute attestations and certificates in any case in which a magistrate or other public officer may administer oaths. (c) The director shall receive an annual salary of not exceeding four thousand eight hundred dollars [$4,800]. [Laws 1951, ch. 107 § 4.] 15-405. Appointment as guardian.-The commission may, without collecting guardianship fees therefor and without limit as to the number of wards, institute in a court of competent jurisdiction a proceeding for appointment as guardian of the estate of any minor child of a veteran or of the estate of any insane or incompetent veteran, as provided by chapter 42, Arizona Code of 1939, as amended. [Laws 1951, ch. 107, § 5.] 15-406. Action as guardian without bond.-In any proceeding in which the commission is appointed guardian of the estate of a minor child of a veteran or of the estate of an incompetent or insane veteran, in which the assets of the estate other than real property and securities in the nature of registered bonds does not exceed the sum of three hundred dollars [$300], the commission shall act without bond, and the court having jurisdiction shall enter such fact in its order of appointment. [Laws 1951, ch. 107, §6.] 15-407. Transfer of records and funds.-All files, records, equipment, property, funds and balances of funds, now in the possession of the veterans' service officer, together with all appropriations made to the veterans' service officer are hereby transferred to the Arizona veterans' service commission. [Laws 1951, ch. 107, § 7.] Repeal Section 8 of Laws 1951, ch. 107 read: "Repeal.-Sections 15-101 and 15-102, and sections 15-201 and 15-202. of article 2, chapter 15. Arizona Code of 1939, are repealed. This section does not negative an implied repeal of any statute which conflicts with this act." ARIZONA CODE 1951, POCKET SUPP., §§ 42-301-42-320 42-301. Short title. ianship Act of 1945." Title of Act. This act may be cited as "The Uniform Veterans' Guard[Laws 1945, ch. 10, § 1, p. 9.] An act relating to war veterans; providing for veterans' guardianship, and repealing article 2, chapter 42, Arizona Code of 1939; and declaring an emergency. [Laws 1945, ch. 10.1 42-302. Definitions. In this act, unless the context otherwise requires: "Person” means an individual, a partnership, a corporation or an association; "Veterans administration" means the United States veterans administration, its predecessors 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; "Benefits" 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. [Laws 1945, ch. 10, § 2, p. 9.] Section to Section Reference.-- This section is referred to in § 42-320. 42-303. Administrator as party in interest.-The administrator 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 [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. [Laws 1945, ch. 10, § 3, p. 9.] 42-304. 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 for a ward, such appointment may be made in the manner hereinafter provided. [Laws 1945, ch. 10, § 4, p. 9.] 42-305. Limitation on number of wards. It is unlawful for any person to accept appointment as guardian if he shall at that time be acting as guardian for five [5] wards, unless all wards be members of the same family. Upon presentation of a petition by an attorney of the veterans administration, alleg. ing that a guardian is acting in a fiduciary capacity for more than five [5] wards 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 such guardian in said case, and forthwith appoint a successor. The limitations of this section are not applicable to a bank or trust company acting as guardian. [Laws 1945, ch. 10, § 5, p. 9.] 42-306. Appointment of guardian.-(a) A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person authorized by law. If no person is so authorized or if the person so authorized refuses or fails to file such petition within thirty [30] days after mailing of notice by the veterans administration to the last known address of the person, indicating the necessity for the same, a petition for such appointment may be filed by any person resident of the state. (b) The petition for appointment shall set forth the name, age and place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that such 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. (c) 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 person proposed for appointment as guardian. The court may appoint, in its discretion, and regardless of any law as to priority of persons entitled to appointment, or by nomination in a petition, any other individual or bank or trust company as guardian, if the court believes it is for the best interest of the ward to make such other appointment. (d) In the case of a mentally incompetent ward the petition shall show that the ward has been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing the veterans administration. [Laws 1945, ch. 10, § 6, p. 9.] 42-307. Evidence of necessity for guardian of infant.-A petition filed for the appointment of a guardian for a minor, followed by a certificate of the administrator or his authorized representative setting forth the age of the 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. [Laws 1945, ch. 10, § 7, p. 9.] 42-308. Evidence of necessity for guardian for incompetent.—A petition filed for the appointment of a guardian for a mentally incompetent ward, followed by 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 the 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. [Laws 1945, ch. 10, § 8, p. 9.] 42-309. Notice.-Upon the filing of a petition for the appointment of a guardian under the provisions of this act, notice therefor shall be given to the ward, to such other persons, and in the manner provided by law and the veterans administration under the provisions of this act. [Laws 1945, ch. 10, § 9, p. 9.] 42-310. Bond. (a) 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. The court shall have power from time to time to require the guardian to file an additional bond. (b) When 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 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. (c) Provided, however, that the court may in its discretion require no bond to be given. [Laws 1945, ch. 10, § 10, p. 9.] 42-311. Petitions and accounts, notices and hearings.-(a) 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 or before 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 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 such account and how invested. (b) The guardian, at the time of filing the account, shall exhibit all securities or investments held by him to an officer of the bank or other depository wherein the 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, 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. In such case, 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 shall note any omission or discrepancy. 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 on deposit, shall be prepared and signed in duplicate and one of each shall be filed by the guardian with his account. (c) At the time of filing in the court any account, a certified copy thereof and a signed duplicate of each of the 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 the court is located. A duplicate signed copy or a certified copy of any petition, motion or other pleading pertaining to an account, or to any matter other than an account 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, the court shall fix a time and place for the hearing on such 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 to the guardian and any other entitled to notice not less than fifteen [15] days prior to the date fixed for such hearing. The notice may be given by mail, in which event it shall be deposited in the mails not less than fifteen [15] days prior to the hearing date. The court, or clerk thereof, shall mail to the veterans administration office a copy of each order entered in any guardianship proceeding wherein the administrator is an interested party. (d) 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 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. [Laws 1945, ch. 10, § 11, p. 9.] Cross-Reference. Uniform Fiduciaries Act, see §§ 51-1201-51-1214. 42-312. Penalty for failure to account.-If any guardian shall fail to file with the court as required by this act any account as required by this act, or by an order of the court, when such 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 shall in the discretion of the court be ground for his removal. [Laws 1945, ch. 10, § 12, p. 9.] 42-313. Compensation of guardians.-Compensation payable to guardians shall be based upon services rendered and shall not exceed five [5] per cent of the amount of moneys received during the period covered by the account. In the event of extraordinary services rendered 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 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. [Laws 1945, ch. 10, § 13, p. 9.] 42-314. Investments.-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 such funds may be invested, without prior court authorization, in direct unconditional interestbearing 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 government. A duplicate signed copy 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. [Laws 1945, ch. 10, § 14, p. 9.] 42-315. Maintenance and support.-A guardian shall not apply any portion of the income of 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 duplicate signed copy or certified |