the veterans administration, and the amount thereof then due and the amount of probable future payments. 4. The fact that the ward has been rated incompetent on examination by the veterans administration in accordance with the laws and regulations governing the veterans administration. [C31, 35,§12644-c3; C39,§12644.03; 51GA, ch 230,§1(3)] 672.4 Notice-service.-Notice of the commencement of the action shall be served in the time, manner, and form as prescribed by the rules of civil procedure of the state and amendments thereto. [C31, 35, §12644-c4; C39,§12644.04; 51GA, ch 230,§1 (4)] Time and manner of service, R. C. P. 53 and 56 (a) 672.5 Temporary guardian.-A temporary guardian may be appointed as provided by section 670.8. [C31, 35,§12644-c5; C39,§12644.05; 51GA, ch 230,§1(5)] 672.6 Trial.-Trial shall be had as provided by section 670.9. [C31, 35, $12644-c6; C39,§12644.06; 51GA, ch 230,§1(6)] 672.7 Certificate of incompetency.-Upon trial of an issue arising upon a prayer for the appointement of either a temporary or permanent guardian, a certificate of the administrator, of veterans administration or his representative, setting forth the fact that the defendant ward 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 person by the veterans administration shall be prima facie evidence of the necessity for such appointment, and the court may appoint a guardian for the property of such person. [C31, 35, §12644-c7; C39,§12644.07; 51GA, ch 230,§1 (7)] 672.8 Appointment of guardian.-Guardians for the estate of minor wards may be appointed as provided by chapter 668. [C31, 35,§12644-c8; C39, §12644.08; 51GA, ch 230,§1(8)] 672.9 Bond.-Upon appointment the guardian shall execute and file a bond as provided in the case of guardians of minors in sections 668.5 and 668.6, and chapter 682. The court shall have power from time to time to require the guardian to file an additional bond. [C31, 35,§12644-c9; C39,§12644.09; 51GA, ch 230,§1 (9)] 672.10 Limitation on appointment.-Except as hereinafter 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 ten wards. In any case, upon presentation of a petition by an attorney of the veterans administration under this section alleging that a guardian is acting in a fiduciary capacity for more than ten 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. The limitations of this section shall not apply where the guardian is a bank or trust company acting for the estate only and not for the person of the ward. An individual may be guardian of more than ten wards if they are all members of the same family. [C31, 35,§12644-c10; C39,§12644.10; 51GA, ch 230,§1(10)] 672.11 Reports-hearings. Every guardian who shall receive on account his ward any moneys from the veterans administration shall file with the court annually, 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. The court, or a judge thereof, shall fix a time and place for the hearing on such account not less than fifteen and not more than thirty days from the date of filing same, and notice thereof by registered mail shall be given by the guardian to the proper office of the veterans administration not less than fifteen days prior to the date fixed for the hearing, which notice shall include a true copy of the accounting. And a like notice shall be given to the surety on such guardian bonds upon the filing of the final report by said guardian. [C31, 35,§12644-c11; C39,§12644.11; 51GA, ch 230,§1 (11)] Referred to in §§ 672.13, 672.14, 672.15 672.12 Failure to report-effect. If any guardian shall fail to file an account of the moneys received by him from the veterans administration on account of his ward within thirty days after such account is required by either the court or the veterans administration, or shall fail to furnish the veterans administration a copy of his accounts as required by this chapter, such failure shall be grounds for removal and forfeiture of such guardians commission as said guardian would otherwise be entitled to receive; provided thtat the court shall have in addition hereto the same authority to impose penalties and to remove guardians for cause as provided in the general guardianship laws of this state. [C31, 35, §12644-c12; C39,§12644.12; 51GA, ch 230,§1 (12)] 672.13 Compensation.-Compensation payable to guardians for ordinary services shall not exceed five percent of the income of the ward during any accounting year, provided, however, that the court may grant compensation to such guardian not to exceed twenty-five dollars where five percent of the income of the ward during the accounting year will not adequately compensate the guardian for services performed. In the event of extraordinary services, however, the court may upon petition and after hearing thereon allow the guardian additional compensation. Such petition shall set out the extraordinary services rendered by the guardian and a copy of said petition together with a copy of the notice of hearing thereon shall be served upon the veterans administration as provided in section 672.11. Compensation as guardian and a fee as attorney shall not be allowed to the same person. No compensation shall be allowed on the corpus of an estate received from the preceding guardian. [C31, 35,§12644-c13; C39,$12644.13; 51GA, ch 230,§1 (13)] 672.14 Investment of funds. A guardian may without prior authority of the court invest in bonds or other interest-bearing obligations of the United States, the state of Iowa, or those issued by the cities or counties of Iowa, for the payment of which the faith and credit of the issuing instrumentality of government is pledged. All other investments shall be under orders of the court in such securities in which the guardian has no interest as authorized by section 682.23 provided that said investments shall be made under order of the court after notice to the proper office of the veterans administration in the manner provided in section 672.11. [C31, 35,§12644-c14; C39,§12644.14; 51GA, ch 230,§1 (14)] 672.15 Use of funds.-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 veterans administration in the manner provided in section 672.11. [C31, 35,§12644-c15; C39,§12644.15; 51GA, ch 230,§1(15)] 672.16 Construction of chapter.-This chapter shall be construed liberally to secure the beneficial intent and purpose thereof, and shall apply only to bene ficiaries of the veterans administration. [C31, 35,§12644-c16; C39,§12644.16; 51GA, ch 230,§1 (16)] 672.17 How chapter cited.This chapter may be cited as the "Uniform Veterans Guardianship Act". [C31, 35, §12644-c17; C39,§12644.17; 51GA, ch 230,§1 (17)] 672.18 Interpretation. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. [C31, 35, §12644-c18; C39, §12644.18; 51GA, ch 230,§1 (18)] 672.19 Repeal-scope of chapter.-All laws or parts of laws relating to beneficiaries of the veterans administration inconsistent with this chapter are hereby repealed. Guardians appointed under this chapter shall be subject to the general guardianship law of the state except insofar as the same is modified by this chapter. Insofar as it may be applicable, this chapter shall apply to guardians of veterans administration beneficiaries heretofore or hereafter appointed under the general laws of the state. [C31, 35,§12644-c20; C39,§12644.19; 51GA, ch 230,81 (19)] 672.20 Dual guardianship.-This chapter shall not be construed to require dual guardianship proceedings of the property of the same person, but when a guardian is such both as to moneys paid by the United States through the veterans administration and to other property of the ward, the accounts of the moneys received through the veterans administration shall be kept separate and apart from the accounts of other property. [C31, 35,§12644-c21; C39,§12644.20; 51GA, ch 280,§1 (20)] 672.21 Discharge of guardian and release of sureties. In addition to any 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 accounting. Upon hearing after notice to the former ward and to the veterans administration as in case of other accounts, upon approval of the final accounting, and upon delivery to the ward of the assets due him from the guardian, the guardian shall be discharged and his sureties released. 230,81 (21)] Saving clause, 51GA, ch 230,§1 (22) LAWS OF KANSAS, 1949 CHAPTER 402 [51GA, ch COMMITMENT OF INCOMPETENTS TO THE VETERANS' ADMINISTRATION OR OTHER AGENCY OF THE UNITED STATES GOVERNMENT Senate Bill No. 241 AN ACT relating to the commitment of incompetents to the veterans' administration or other agency of the United States government, and repealing section 73-515 of the General Statutes of 1935. Be it enacted by the Legislature of the State of Kansas: SECTION 1. 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 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 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. SEC. 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 perscn, and of determining the necessity for continuance of his restraint; as is provided in section 1 of this act 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 the committed person. SEC. 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 afflicted and that such person is eligible for care or treatment of persons similarly afflicted and that such person is eligible for care or treatment, the superintendent of the insti tution 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. SEC. 4. Section 73-515 of the General Statutes of 1935 is hereby repealed. SEC. 5. This act shall take effect and be in force from and after its publication in the statute book. Approved April 5, 1949. KENTUCKY REV. STATS. 1953, §§ 388.190 To 388.390 388.190 Definitions 388.200 388.210 388.220 388.230 388.240 388.250 388.260 388.270 388.280 CHAPTER 388 UNIFORM VETERANS' GUARDIANSHIP ACT Administrator of Veterans' Affairs is necessary party top proceedings relating to When appointment of guardian or committee to be made under this chapter Notice of petition for appointment of guardian or committee Annual accounting; notices and information to be given Veterans Administration; 388.290 Removal for failure to file accounts or furnish documents 388.300 388.310 388.320 388.330 Compensation of guardian or committee Investment of funds Support of persons other than ward Certified copies of records to be furnished Veterans Administration without charge 388.340 Termination of guardianship 388.350 388.360 388.370 388.380 388.390 Commitment or transfer of incompetent to custody of Veterans Administration or other Federal agency Construction and application of chapter Title of chapter Application of other laws Chapter governs estates of beneficiaries of Veterans Administration 388.010 to 388.180 [2043-1 to 2043-18] Repealed, 1942, c. 25, § 23. 388.190 Definitions.-As used in this chapter: (1) The term "person" includes a partnership, corporation or an association. (2) The term "Veterans Administration" means the Veterans Administration, its predecessors or successors. (3) The terms "estate" and "income" shall include only moneys received by the guardian or committee from the Veterans Administration, all earnings, interest and profits derived therefrom and all property acquired therewith. (4) The term "benefits" shall mean all moneys paid or payable by the United States through the Veterans Administration. (5) The term "Administrator" means the Administrator of Veterans Affairs or his successor. (6) The term "ward" means a beneficiary of the Veterans Administration. (7) The term "guardian" as used herein shall mean any person acting as a fiduciary for an incompetent person. (1942, c. 25, § 1) 388.200 Administrator of Veterans' Affairs is necessary party to proceedings relating to estate of beneficiary of Veterans Administration; notice.-The Administrator of Veterans Affairs or his successor is and shall be a party in interest in any proceeding brought under any law of this state for the appointment of a guardian or committee for any minor or mentally incompetent beneficiary of the Veterans Administration on whose account benefits have been paid or are payable by said Veterans Administration, and the said Administrator or his successor is and shall be an interested party in any court proceeding pertaining to or affecting in any manner the administration of the estate of any such beneficiary on whose account such benefits are payable or whose estate includes assets derived from benefits paid by the Veterans Administration, its predeces sor or successor. Written notice shall be given by registered mail, unless waived in writing, to the office of the Veterans Administration having jurisdiction over the area in which the court is located, of the time and place for hearing on any petition or pleading or in connection with any proceeding pertaining to or affecting in any manner the administration of the estate of any such beneficiary of the Veterans Administration. Said notice shall be deposited in the mails not less than fifteen days prior to the date of such hearing or other proceeding. (1942, c. 25, § 1A) 388.210 When appointment of guardian or committee to be made under this chapter. 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 or committee be appointed for a minor or mentally incompetent beneficiary of the Veterans Administration, such appointment shall be made in the manner hereinafter provided. (1942, c. 25, § 2) 388.220 Guardian or committee representing five or more wards not eligible; exceptions. (1) Except as hereinafter provided, it shall be unlawful for any person to accept appointment as guardian or committee of any minor or mentally incompetent beneficiary of the Veterans Administration if such proposed guardian or committee shall at that time be acting as guardian or committee for five wards. In any case, upon presentation of a petition by an attorney of the Veterans Administration under this section alleging that a guardian or committee is acting in a fiduciary capacity for more than five wards and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian or committee and shall discharge such guardian or committee in said case. (2) The limitations of this section shall not apply where the guardian or committee is a bank or trust company. An individual may be guardian or committee of more than five wards if they are all members, of the same family. (1942, c. 25, § 3) 388.230 Petition for appointment of guardian or committee; who to be appointed.—(1) A petition for the appointment of a guardian or committee for any minor or mentally incompetent beneficiary of the Veterans Administration may be filed in the court having jurisdiction by or on behalf of any person who under existing law is entitled to priority of appointment. If there be no person so entitled or if the person so entitled shall neglect or refuse to file such a petition within thirty days after mailing of notice by the Veterans Administration to the last known address of such person indicating the necessity for the same, a petition for such appointment may be filed by or on behalf of any responsible person residing in this state. (2) The petition for appointment shall set forth the name, age, place of residence of such beneficiary, the name and place of residence of the nearest relative, if known, and the fact that such beneficiary 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 such beneficiary, and the name, age, relationship, if any, occupation and address of the person proposed for appointment as guardian or committee. Notwithstanding any provision of existing law as to priority, the court may appoint a capable individual, bank or trust company as guardian or committee, if the person entitled to priority fails to apply, or if after hearing the court determines it is for the best interest of such beneficiary to appoint another. (4) In the case of a mentally incompetent beneficiary, the petition shall show that such beneficiary has been rated incompetent by the Veterans Administration on examination in accordance with the laws and regulations governing the Veterans Administration. (1942, c. 25, § 4) 388.240 Certicate of Administrator is prima facie evidence of necessity for guardian. Where a petition is filed for the appointment of a guardian for a minor beneficiary of the Veterans Administration, a certificate of the Administrator of Veterans Affairs, or his authorized representative, accompanying such petition, 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. (1942, c. 25, § 5) 388.250 Certificate of Administrator is prima facie evidence of necessity for committee; guardian ad litem.—Notwithstanding the provisions of existing law |