copy of the petition shall be furnished the proper office of the veterans administration and notice of hearing thereon shall be given the office as provided in the case of hearing on a guardian's account or other pleading. [Laws 1945, ch. 10, § 15, p. 9.] 42-316. Purchase of home for ward.-(a) 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 where not a minor as a home for his dependent family. The 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 vetrans administration and notice of hearing thereon shall be given the office as provided in the case of hearing on a guardian's account. (b) Before authorizing any 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. (c) This section does not limit the right of the guardian on behalf of his ward to bid 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 interests 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 such 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. [Laws 1945, ch. 10, § 16, p. 9.] 42-317. Copies of public records to be furnished. 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 the veterans administration, the official charged with the custody of the public record shall without charge provide the applicant for benefits or any person acting on his behalf or the authorized representative of the veterans administration with a certified copy of the record. [Laws 1945, ch. 10, § 17, p. 9.] 42-318. Discharge of guardian and release of sureties.-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 act 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 the 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. [Laws 1945, ch. 10, § 18, p. 9.] 42-319. Commitment.-(a) 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 diseases 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 provided by law, 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 agency of the United States government within or without the state shall be subject to the rules and regulations of the veterans administration of other agency. The chief officer of any facility of the veterans administration or institution operated by any other agency of the United States government to which the person is 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 the state to at any time inquire into the mental condition of the person committed, and to determine the necessity for continuance of his restraint, and all commitments pursuant to this act are so conditioned. (b) The judgment or order of commitment by a court 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 commiting 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 (a) with respect to persons committed by the courts of this state. Consent is given to the application of the law of the committing state or District of Columbia 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 government, to retain custody, or to transfer, parole or discharge the committed person. (c) Upon receipt of a certificate of the veterans administration or other agency of the United States that facilities are available for the care or treatment of any person theretofore 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 such institution may cause the transfer of the person to the veterans administration or other agency of the United State government for care or treatment. Upon effecting any such transfer, the committing court or proper officer thereof shall be so notified by the transferring agency. No person shall be transferred to the veterans administration or other agency of the United States government if he be confined pursuant to conviction of a felony or misdemeanor or if he shall have been acquitted of the charge solely on the ground of insanity, unless prior to transfer the court originally committing the person shall enter an order for the transfer after appropriate motion and hearing. A person transferred as provided in this section is deemed to be committed to the veterans administration or other agency of the United States government pursuant to the original commitment. [Laws 1945, ch. 10, § 19, p. 9.] Section to Section Reference. This section is referred to in § 8-307. 42-320. Application of act.-The provisions of this act relating to surety bonds and the administration of estates of wards shall apply to all income and estate as defined in section 2 [§ 42-302], whether the guardian shall have been appointed under this act or under any other law of the state, special or general, prior or subsequent to the enactment hereof. [Laws 1945, ch. 10, § 20, p. 9.] Repeal. Section 21 of Laws 1945, ch. 10 repealed article 2, chapter 42, Arizona Code of 1939 with the provision that: "This section does not negative an implied repeal of any statute which conflicts with this act." Emergency. Section 22 of Laws 1945, ch. 10 declared an emergency. Approved February 20, 1945. ARKANSAS, STAT. ANN. 1947, §§ 57-402 to 57-403 57-402. Appointment of guardian-Notice of appointment for incompetents.Probate courts, within their respective counties, shall have power and jurisdiction to appoint guardians for idots, lunatics, and persons of unsound mind, in the following cases; Subdivision 1. Whenever it be found by a jury that a person is of unsound mind or incapable of managing his own affairs. Subdivision 2. Whenever any insane person or person of unsound mind is confined in the State Hospital of this State, or in any Veteran's Facility or Hospital operated by the United States Government in this State which is operated solely for the treatment of mental diseases and disorders, or in any hospital outside of this State operated by the State or the United States Government solely for the treatment of mental diseases and disorders, the probate court of the county of which such person is a citizen shall have power to appoint a guardian for such person without requiring the presence of such person before the court. Subdivision 3. Whenever any insane person or person of unsound mind is physically incapacitated and is unable to be brought before the court by reason of physical disability, illness or disease, the probate court of the county of which such person is a citizen shall have power to appoint a guardian for such person without requiring the presence of such person before the court. The clerk of the probate court shall within ten [10] days after the appointment of a guardian for such incompetent and disabled person, cause to be published in some newspaper published in said county, a notice of appointment of such guardian, which notice shall be published one time, proof of such publication to be made and filed with the papers in said guardianship, the cost of such publication to be paid out of the estate of the incompetent. In the event there is no newspaper published in the county where such appointment is made the clerk shall post printed or written notices in five [5] of the most public places in said county and a certificate of publication in this manner shall be made by the clerk and filed with the papers in said guardianship and the cost to be paid out of the estate of the incompetent. [Acts 1945, No. 191, § 1, p. 446.] Cross-References. Condemnation of property suits by electrical power companies, notice and appointment of guardian ad litem, §§ 35-307, 35–308. Hearing for condemnation of lands, appointment of guardian ad litem, § 35-202. Letters granted by county clerk, § 62–202. Minor may be guardian after disability removed, § 34-2001. Party or attorney in action not appointed guardian ad litem, § 27-826. Persons convicted of a felony or insane disqualified, § 62-206. Petition to establish public landing, appointment of guardian ad litem for, § 35-1008. Sanity inquests, § 57-401 et seq. Appointment in Vacation. DECISIONS UNDER PRIOR LAW Appointment of guardian for incompetent veteran confined in Arkansas Hospital for Nervous Diseases, made in vacation but confirmed during term by adopting order previously made, was not void. Lingo v. Rainwater, 199 Ark. 618, 136 S. W. (2d) 161. Effect of Void Appointment. If order appointing guardian for incompetent veteran was void, person appointed would be an equitable or de facto guardian, probate court's order approving his settlement would be void, and on appeal circuit court would not have jurisdiction. Lingo v. Rainwater, 199 Ark. 618, 136 S. W. (2d) 161. Judgment Record. Where alleged incompetent was citizen of county in which petition for appointment of guardian was filed and was confined in a Michigan asylum and those matters were determined by the court but through clerical misprision were omitted from the recorded judgment, judgment appointing guardian was valid. Sanders v. Omohundro, 204 Ark. 1040. 166 S. W. (2d) 657. Presence of Person. Order of probate court declaring person of unsound mind which failed to recite that she was present or that she had notice of the proceeding was void. Hyde v. McNeely, 193 Ark. 1139, 104 S. W. (2d) 1068. Presumption of Insanity. Where petition for appointment of a guardian of person committed to an insane asylum is filed, the probate court acquires jurisdiction to appoint a guardian, insanity is presumed from the fact of confinement in an asylum and such proceeding is not a denial of due process. Sanders v. Omohundro, 204 Ark. 1040, 166 S. W. (2d) 657. 57-403. Removal of guardian.-Probate courts shall have power to remove any such guardian at any time for neglect of duty, misconduct or mismanagement, or for disobedience for any lawful order, and appoint another in his or her place and stead as guardian in succession. [Acts 1945, No. 191, § 2, p. 446.] Separability. Section 3 of Acts 1945, No. 191, read: "This action is severable and if any section or part thereof is found to be unconstitutional that shall not affect the remaining part or sections thereof." Repealing Clause. Section 4 of Acts 1945, No. 191, read: "All laws and parts of laws in conflict herewith are expressly repealed and sections 7553 [Rev. Stat., ch. 78, § 4], 7554 [Acts 1905, No. 77, § 1, p. 198; 1937, No. 108, § 1, p. 395] and 7555 [Rev. Stat., ch. 78, § 41] of Pope's Digest of the Statutes of Arkansas are hereby specifically repealed: this act shall not repeal Act 177 of the Acts of the General Assembly for 1943 [$$ 59-501-59-522] and shall not interfere with the procedure provided for therein but shall be cumulative thereto." Emergency. Section 5 of Acts 1945, No. 191, read: "This act being necessary for the orderly procedure of the courts for the safekeeping of persons of unsound minds and the preservation of their estates, it is hereby declared that an emergency exists and this act, being necessary for the immediate preservation of the public peace, health and safety, shall take effect and be in force from and after its passage and approval." Approved March 5, 1945. Cross-Reference. Settlement of accounts on removal, § 57-456. Text Books. Arkansas Titles (Jones), § 1118. ARKANSAS STAT. ANN. 1947, §§ 57-501 TO 57-522 57-501. Definitions. As used in this act [§§ 57-501-57-522]: "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." "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. [Acts 1943, No. 177, § 1, p. 360.] Section to Section Reference. This section is referred to in § 57-522. Comparative Legislation.-Uniform Veterans' Guardianship Act: Ariz. Code 1939, §§ 42-301-42-320. Cal. Deering's Probate Code 1941, §§ 1650-1669. Colo. Laws 1945, ch. 235. Idaho. Code 1947, §§ 15-1901-15-1923. Ky. Rev. Stat., §§ 388.190-388.390. La. Dart's Stat., §§ 9232-9255. Md. Code 1939, art. 65, §§ 59-80A. Mont. Laws 1943, ch. 58. Nebr. Rev. Stat. 1943, §§ 38-401-38-419. N. Car. Gen. Stat. 1943, §§ 34-1-34-18. Tenn. Williams' Ann. Code, §§ 8541-5558.4. 57-502. Administrator of veterans' affairs interested party in guardian and ward matters-Notice.-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. [Acts 1943, No. 177, § 2, p. 360.] Compiler's Note. The words "unless waived in writing" were enclosed in parentheses in the original act. 57-503. Appointment of guardian when necessary to receive benefits.-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. [Acts 1943, No. 177, § 3, p. 360.] 57-504. Limitation on number of wards.-No person other than a bank or trust company shall be guardian of more than five [5] 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 [5] 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 [5] and forthwith appoint a successor. [Acts 1943, No. 177, § 4, p. 360.] 57-505. Petition for appointment of guardian-Contents-Rating of Incompetency.-(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 or if the person so authorized refuses or fails to file such a petition within thirty [30] days after the 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 this 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. (3) 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 proposed guardian and if 'the nominee is a natural person, the number of wards for whom the nominee is presently acting as guardian. Notwithstanding any law as to priority of persons entitled to appointment, or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian, if the court determines it is for best interest of the ward. (4) In the case of a mentally incompetent ward the petition shall show that such ward has been rated incompetent by the Veterans Administration on examination in accordance with the laws and regulations governing the Veterans Administration. [Acts 1943, No. 177, § 5, p. 360.] 57-506. Certificate of necessity for guardian for infant.-Where a petition is filed for the appointment of a guardian for a minor, a certificate of the Administrator or his authorized representative, 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. [Acts 1943, No. 177, § 6, p. 360.] 57-507. Certificate of necessity for guardian for incompetent.-Where a petition is field for the appointment of a guardian for a mentally incompetent ward, 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 such 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. [Acts 1943, No. 177, § 7, p. 360.] 57-508. Notice of filing of petition.-Upon the filing of a petition for the appointment of a guardian under this act [§§ 57-501-57-522], notice shall be given to the ward, to such other persons, and in such manner as is provided by the general law of this State, and also to the Veterans Administration as provided by this act. [Acts 1943, No. 177, § 8, p. 360.] 57-509. Bond-Sureties.-(1) 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 of this State. The court may from time to time require the guardian to file an additional bond. (2) Where 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 each is worth the sum named in the bond as the penalty thereof over and above all his debts and liabilities and the aggregate of other bonds on which he is principal or surety and exclusive of property exempt from execution. The court may require additional security or may require a corporate surety bond, the premium thereon to be paid from the ward's estate. [Acts, 1943, No. 177, § 9. p. 360.] Cross-Reference. Agreement with surety as to deposit of trust funds, § 58–105. 57-510. Accounts-Certificate of examination of securities or investmentsCopies sent to veterans administration office-Notice of hearing-Property derived from other sources.-(1) 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 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 a value so received by him, all earnings, interest or profits derived |