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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.

(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 person, and of determining the necessity for continuance of his restraint; as is provided in sub-section (1) 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 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 of the committed person.

(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 afflcted and that such person is eligible for care or treatment, the superintendent of the institution 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. [1943, ch. 39, § 18, p. 72.]

Compiler's note. In the printed acts, the word "confinement" in the third line was spelled "confinment"; the word "institution" in the third paragraph, sixth line, was spelled "instituton," and in the same paragraph, line fourteen, a duplication of the word "to" has been omitted.

15-1919. Liberal construction. This act shall be so construed to make uniform the law of those states which enact it. [1943, ch. 39, § 19, p. 72.]

15-1920. Short title.-This act may be cited as the "Uniform Veterans' Guardianship Act." [1943, ch. 39, § 20, p. 72.]

15-1921. Separability.-If any provision of this act or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. [1943, ch. 39, § 21, p. 72.]

15-1922. Repeal—Application of prior laws.—All acts or parts of acts relating to beneficiaries of the Veterans' Administration inconsistent with this act are hereby repealed. Except where inconsistent with this act, 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, ch. 39, § 22, p. 72.]

15-1923. 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 15-1901 whether the guardian shall have been appointed under this act or under any other law of this state, special or general, prior or subsequent to enactment hereof. [1943, ch. 39, § 23, p. 72.]

SECTION.

15-1909. Bond.

IDAHO CODE (POCKET SUPP.), 1957, § 15-1909.

15-1909. Bond.-(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 shall each year at the time of the annual accounting require the guardian to file an additional bond in an amount not less than the estimated value of the personal estate and anticipated income of the ward during the ensuing year.

(2) Where a bond is tendered by a guardian 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 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. [1943, ch. 39, § 9, p. 72; am. 1951, ch. 258, § 1, p. 556.]

ILLINOIS REV. STATUTES, 1949, §§ 274, 292, 298a

274. § 122. Estate Conservator's Duties.-The conservator of the estate under the direction of the court shall have the care, management and investment of the ward's estate, and under the direction of the court he shall manage the estate of his ward frugally and shall apply the income and profits thereof so far as they may be necessary for the comfort and suitable support and education of the ward, his children, including children by adoption, and persons related by blood or marriage who are dependent upon, or entitled to support from him. When authorized so to do by the court for the comfort and suitable support and education of the ward, his children, including children by adoption, and persons related by blood or marriage who are dependent upon, or entitled to support from him, the conservator may make disbursement of his ward's funds directly to the ward or persons claiming through him or to the person to whom the ward, or persons claiming through him, or the ward's estate may become indebted, and be entitled to credit therefor in his accounts the same as if he had himself applied the sums for those purposes. If the income and profits from the estate are insufficient for these purposes the conservator may use such portion of the corpus of the estate as the court orders from time to time. If the estate of a ward is derived in whole or in part from payments of compensation, adjusted compensation, pension, insurance, or other similar benefits, made directly to the estate by the Veterans Administration, notice of the application for leave to invest the ward's funds or to expend his funds for the support or education of any person entitled thereto together with a copy of the petition and proposed order, shall be given to the Chief Attorney of the Administrator of Veterans' Affairs in this State at least seven days before the hearing on the application. As amended by act approved July 15, 1943. L. 1943, vol. 1, p. 8.

292. § 140. Estate Guardian's Duties.-The guardian of the estate of a minor shall have, under the direction of the court, the care, management and investment of the minor's estate, and shall manage the estate of his ward frugally. Under the direction of the court he shall apply the income and profits thereof so far as they may be necessary for the comfort and suitable support and education of the ward and persons related by blood or marriage who are dependent

upon or entitled to support from him. When authorized so to do by the court for the comfort and suitable support and education of the ward, and persons related by blood or marriage who are dependent upon, or entitled to support from him, the guardian may make disbursement of his ward's funds directly to the ward or to persons claiming through him, or to the person to whom the ward, or persons claiming through him, or the ward's estate may become indebted, and be entitled to credit therefor in his accounts the same as if he had himself applied the sums for those purposes. If the income and profits from the estate. are insufficient for these purposes, the guardian may use such portion of the corpus of the estate as the court orders from time to time. If the estate of a ward is derived in whole or in part from payments of compensation, adjusted compensation, pension, insurance, or other similar benefits, made directly to the estate by the Veterans Administration, notice of the application for leave to invest the ward's funds or to expend his funds for the support or education of any person entitled thereto together with a copy of the petition and proposed order, shall be given to the Chief Attorney of the administrator of Veterans Affairs in this State at least seven days before the hearing on the application. As amended by act approved July 15, 1943. L. 1943, vol. 1, p. 8.

298a. §146a. Costs in Certain Cases. When the primary purpose of the appointment of a guardian is, or was, the collection, disbusement or administering of moneys awarded by the Veterans Administration to the ward, or assets derived therefrom, no costs shall be taxed or charged by any public officer in the proceeding for the appointment or in any subsequent proceedings or for reports made in pursuance of the appointment. When a guardian is appointed so that the ward may participate in the benefits of the "Servicemen's Readjustment Act of 1944", public law 346 enacted by the Seventy-eighth Congress and approved June 22, 1944,' no costs shall be taxed or charged in such proceeding for appointment nor for any subsequent proceeding relative to obtaining such benefits. As amended by act approved Aug. 2, 1949. L. 1949, p. - S. B. No. 79. ILLINOIS REV. STATS. 1949, § 160

160. § 9a. Interest of Administrator of Veterans Affairs in Certain Estates Defined. The interest of the Administrator of Veterans Affairs in a minor's or incompetent's estate shall be limited to that part of the estate, invested or uninvested, which is derived from payments made directly to the estate by the Veterans Administration. When a part of a minor's or incompetent's estate is derived from sources other than the Veterans Administration, it shall be presumed that authorized or approved expenditures made pursuant to the provisions of Sections 122 and 140 of this Act' are made first out of receipts from the Veterans Administration unless it appears otherwise from the order of court authorizing or approving the expenditures.

ILLINOIS REV. STATS. 1949, § 490

490. § 336. Executors', Administrators', Administrators' to Collect, Guardians' and Conservators' Fees.-An executor, administrator, administrator to collect, guardian or conservator shall be allowed reasonable compensation for his services, but no fees, charges or other compensation shall be allowed a public administrator for services performed in administering that part of the personal estate of any United States war veteran, which consists of compensation, insurance, or other moneys due or payable from the United States Government because of the veteran's war service.

138 U. S. C. A. §§ 693-697e, 701; Veteran's Regulation No. 1 (a), 38 U. S. C. A. at end of chapter 12.

Section added: L1943, vol. 1, p. 8.

1 Sections 274 and 292 of this chapter.

BURNS ANNO. STATS INDIANA, 1953, 8-201-218, REPLACEMENT FOR 8-501 to 8-520

CHAPTER 2

VETERANS ADMINISTRATION GUARDIANSHIPS

Administrator of veterans affairs-Party in interest.

SECTION.

8-201.

Definitions.

8-202.

8-203.

8-204.

8-205. 8-206.

Appointment of guardian-When prerequisite to payment of benefits.

Limitation on number of wards of one guardian.

Petition for appointment of guardian.

Necessity of appointment for minor-Certificate of administrator of veterans affairs as prima facie evidence.

8-207. Necessity of appointment for incompetent-Certificate of administrator of veterans affairs as prima facie evidence.

Notice upon filing of petition.

Guardian's accounts-Certified copy to veterans administration-Notice and hearing.

Failure to file account-Ground for removal.

8-208. 8-209. 8-210.

Bond.

8-211.

8-212.

8-213.

8-214.

8-215.

8-216.

8-217.

8-218.

Compensation of guardian.

Investments.

Application of estate to support of others prohibited-Exception.

Purchase of home for ward.

Public records for determining right to benefits-Certified copies to be furnished without charge.

Discharge of guardian-Release of sureties.

Surety bonds-Administration of estates of wards-Application of law.

8-201. Definitions. As used in this article [§§ 8-201-8-218]:

"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 money 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 1953, ch. 112, § 2001, p. 295.]

Compiler's Note. Article 20 of the Probate Code consists of §§ 8-201-8-218. Prior Law.

Former Burns' Stat. 1933, §§ 8-501, 8-516-8-520 are reprinted here for reference purposes. 8-501. Definitions.-As used in this act:

(a) The term "person" includes a partnership, corporation or an association.

(b) The term "bureau" means the United States veterans bureau or its successor. (c) The terms "estate" and "income" shall include only moneys received by the guardian from the bureau, and all earnings, interest and profits derived therefrom.

(d) The term "benefits" shall mean all moneys payable by the United States through the bureau.

(e) The term "director" means the director of the United States veterans bureau or his successor.

(f) The term "ward" means a beneficiary of the bureau.

(g) The term "guardian" as used herein shall mean any person acting as a fiduciary for a ward. [Acts 1931, ch. 69, § 1, p. 171.]

8-516. Liberal construction Application. This act shall be construed liberally to secure all beneficial intents and purposes thereof and shall be applicable to all incompetent and minor beneficiaries of the United States veterans administration, its predecessors and successors. [Acts 1931, ch. 69, § 16, p. 171; 1937, ch. 188, § 5. p. 902.]

8-517. Designation of act. This act may be cited as the "Uniform Veterans Guardianship Act." [Acts 1931, ch. 69, § 17, p. 171.]

8-518. Construction to effectuate uniformity. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. [Acts 1931, ch. 69, § 18, p. 171.]

8-519. Provisions severable.- -The invalidity of any portion of this act shall not effect [affect] the validity of any other portion thereof which can be given effect without such invalid part. [Acts 1931, ch. 69. § 19. p. 171.]

8-520. Repeal.-All laws or parts of laws, in so far as they effect [affect] beneficiaries of the bureau, inconsistent with this act, are hereby modified. [Acts 1931, ch. 69, § 20, p. 171.]

Comparative Legislation.-Uniform Veterans Guardianship Act:

Ariz. Code 1939, §§ 42-301-42-320.

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Ky. Rev. Stat., §§ 388.190-388.390.

La.

Rev. Stat., §§ 29: 351-29: 373.

Maine. Rev. Stat. 1944, ch. 146, §§ 1-21.

Md.

Mo.

Code 1951, Art. 96%, §§ 19-41.

Rev. Stat. 1949, §§ 459.010-459.210.
Mont. Rev. Codes 1947, §§ 91-4801-91-4822.
Nebr. Rev. Stat. 1943, §§ 38-401-38-419.
N. Mex. Stat. 1941, §§ 35-401-35-422.
Gen. Stat. 1943, §§ 34-1-34-18.

N. Car.

Okla.

Ohio. Page's Gen. Code. §§ 11037-16-11037-34.
Stat. Ann., tit. 72, §§ 126.1-126.23.
Laws 1946, ch. 1711.

R. I.

S. Dak. Laws 1943, ch. 136.

Tenu. William's Ann. Code, §§ 8541-8558.4.
Utah. Code Ann, 1953, §§ 71-1-1-71-1-24.
Vt. Stat. 1947, §§ 3391-3413.

Wis. Stat. 1951, § 319.50.

Collateral Reference.

Constitutionality, construction, and effect of the Uniform Veterans' Guardianship Act. 173 A. L. R. 1061.

8-202. Administrator of veterans affairs-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. [Acts 1953, ch. 112, § 2002, p. 295.]

8-203. Appointment of guardian-When prerequisite to payment of 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 1953, ch. 112, § 2003, p. 295.]

Prior Law.

Former Burns' Stat. 1933, § 8-502 is reprinted here for reference purposes.

8-502. Appointment of guardian-When prerequisite to payment of benefits.-Whenever, pursuant to any law of United States, or any regulation of the Bureau, the director requires, prior to payment of benefits, that a guardian be appointed for a ward, such appointment shall be made in the manner hereinafter provided. [Acts 1931, ch. 69, § 2, p. 171.1.]

GUARDIANSHIP

8-204. Limitation on number of wards of one guardian.-No person other than a bank or trust company shall be guardian of more than five (5) wards at one [1] time, unless all the wards are members of one [1] family. Upon présentation 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. ch. 112, § 2004, p. 295.]

Prior Law.

[Acts 1953,

Former Burns' Stat. 1933. § 8-503 is reprinted here for reference purposes. 8-503. Limitation on number of wards of one guardian.-Except as hereinafter otherwise provided, it shall be unlawful for any person to accept appointment as guardian of any ward, if such proposed guardian shall, at that time, be acting as guardian for five [5] wards. In any case, upon presentation of a petition by an attorney of the bureau under this section, alleging 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. apply where the guardian is a bank or trust company acting for the ward's estates only. An individual may be guardian of more than five [5] wards if they are all members of the The limitations of this section shall not same family. [Acts 1931, ch. 69, § 3, p. 171.]

8-205. Petition for appointment of guardian.-(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 mailing of notice by the veterans admin

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