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MISSISSIPPI CODE 1942 (1953 ED.) ANNO., §§ 7493-7511

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7497.

7498.

What constitutes prima facie evidence of necessity of appointment.
Mental incompetents.

7499. Notice as provided by law.

7500.

7501.

7502.

7503.

7504.

7505.

7506.

7507.

7508.

7509.

7510. 7511.

Appointment of guardian-bond.

Annual accounts and other proceedings filed.

Accounts-failure to file-removal.

Compensation to guardians.

Use of ward's estate.

When public record required.

Commitment to veterans administration or other agency of the United States government.

When guardian to be discharged.

Act to be construed liberally.

Title.

Uniformity required.

Prior appointment not affected.

§ 7493. Definitions.-As used in this Act:

The term "person" includes a partnership, corporation or an association. The term "Bureau" means the United States Veterans' Bureau or its successor. The terms "estate" and "income" shall include only moneys received by the guardian from the Bureau and all earnings, interest and profits derived therefrom. The term "benefits" shall mean all moneys payable by the United States through the Bureau.

The term "Director" means the Director of the United States Veterans' Bureau or his successor.

The term "ward" means a beneficiary of the Bureau.

The term "guardian" as used herein shall mean any person acting as a fiduciary for a ward.

Sources.-Codes, 1930, § 7335; Laws, 1930, ch. 204.
Cross References.-Guardian and Ward, §§ 404 et seq.
References.-25 Am Jur 1, Guardian and Ward, generally.

ANNOTATIONS

Construction and application of provisions of Federal statutes in relation to exemption from claims of creditors of amounts paid as pensions, war risk insurance, compensation, bonus or other relief for veterans. 109 ALR 433.

§ 7494. Guardian.—Whenever, pursuant to any laws of the United States or 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.

Sources.-Codes, 1930, § 7336; Laws, 1930, ch. 204.
Cross References.-Guardian and Ward, § 450-01.

References.-Property, effects, and estates of servicemen and veterans. Am Vet,

$$ 600-645.

§ 7495. Wards-number limited. 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 five 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 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 wards' estate only. An individual may be guardian of more than five wards if they are all members of the same family. Sources.-Codes, 1930, § 7337; Laws, 1930, ch. 204.

§ 7496. Petition-how filed-what to contain.-A petition for the appointment of a guardian may be filed in any court of competent 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 Bureau to the last known address of such person indicating the necessity for the same

a petition for such appointment may be filed in any court of competent jurisdiction by or on behalf of any responsible person residing in this state.

The petition for appointment shall set forth the name, age, place of residence of the ward, the names and places of residence of the nearest relative, if known, and the fact that such ward is entitled to receive moneys payable by or through the Bureau and shall set forth the amount of moneys then due and the amount of probable future payments.

The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward.

In the case of a mentally incompetent ward the petition shall show that such ward has been related incompetent on examination by the Bureau in accordance with the laws and regulations governing the Bureau.

Sources.-Codes, 1930, § 7338; Laws, 1930, ch. 204.

§7497. What constitutes prima facie evidence of necessity of appointment.— Where a petition is filed for the appointment of a guardian of a minor ward a certificate of the Director, or his representative, setting forth the age of such minor as shown by the records of the Bureau and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the Bureau, shall be prima facie evidence of the necessity for such appointment.

Sources.-Codes, 1930, § 7339; Laws, 1930, ch. 204.

§ 7498. Mental incompetents.-Where a petition is filed for the appointment of a guardian of a mentally incompetent ward a certificate of the Director, or his representative, setting forth the fact that such person has been rated incompetent by the Bureau on examination in accordance with the laws and regulations governing such Bureau; and that the appointment of a guardian is a condition precedent to the payment of any moneys due such person by the Bureau, shall be prima facie evidence of the necessity for such appointment. Sources.-Codes, 1930, 3 7340; Laws, 1930, ch. 204.

Cross References.-Eleemosynary Institutions, §§ 6909-01 et seq.; Guardian & Ward, §§ 431 et seq.

§ 7499. Notice as provided by law. Upon the filing of a petition for the appointment of a guardian, under the provisions of this act, the court shall cause such notice to be given as provided by law.

Sources.-Codes, 1930, § 7341; Laws, 1930, ch. 204.

§ 7500. Appointment of guardian-bond. Before making an appointment under the previsions of this act the court shall be satisfied that the guardian whose appointment is sought is a fit and proper person to be appointed. Upon the appointment being made the guardian shall execute and file a bond to be approved by the court in an amount not less than the sum then due and estimated to become payable during the ensuing year. The said bond shall be in the form and be conditioned as required of guardians appointed under the guardianship laws of this state. The court shall have the power from time to time to require the guardian to file an additional bond.

Where a bond is tendered by a guardian with personal sureties, such sureties shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and 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.

Sources.-Codes, 1930, § 7342; Laws, 1930, ch. 204.

§ 7501. Annual accounts and other proceedings filed.-Every guardian who shall receive on account of his ward any moneys from the bureau 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 thereon in his hands at the date of such account and how invested. All accounts and petitions shall be filed with the clerk in duplicate and a certified copy of each of such accounts or petitions filed with the court shall be immediately forwarded by the chancery clerk to the bureau having jurisdiction over the area in which such court it [is] located, and the clerk named in the certificate shall certify that a copy of same is being mailed to the said bureau, and after same has been mailed, the clerk of the court shall enter upon the records where the case is pending a notation that a copy of said petition or account has been forwarded by mail to the said bureau; that

said mailing and said certificate shall have been performed and notation made on the docket thirty days before said matter shall be taken up for hearing by the court unless said notice shall be waived by the bureau.

After hearing on all accounts or other matters it shall be the duty of the guardian to furnish certified copies of all orders entered, to the State office of the bureau.

Sources.-Codes, 1930, § 7343; Laws, 1930, ch. 204; 1935, ch. 43.

JUDICIAL DECISIONS

Federal administrator of veterans' affairs could intervene in administration of insane war veteran's estate and challenge alleged excessive allowance of attorney's fee to veteran's guardian in order to safeguard administration of money received from Federal Government on war risk contract. Hines v. McCoy, 172 M 153, 159 So 306.

§ 7502. Accounts-failure to file-removal.-If any guardian shall fail to file any account of the moneys received by him from the Bureau on account of his ward within thirty days after such account is required by either the court or the Bureau, or shall fail to furnish the Bureau a copy of his accounts as required by this act, such failure shall be grounds for removal.

Sources.-Codes, 1930, § 7344; Laws, 1930, ch. 204.

§ 7503. Compensation to guardians. In the final account the court or chancellor in vacation shall make an allowance to the guardian for his services not to exceed five per centum on the value of the estate which shall be equitably prorated where the guardianship has been administered by two or more guardians, except as hereinafter provided. In the event of extraordinary services rendered by such guardian the court may, upon petition and after hearing thereon, authorize additional compensation therefor payable from the estate of the ward. Notice of such petition and hearing shall be given the proper office of the bureau in the manner provided by Section 7343 of the Mississippi Code, 1930, as amended by Chapter 43 of the Laws of Mississippi, special session, 1935 [§ 7501, Code of 1942]. In annual or partial accounts the court or chancellor may allow a guardian a reasonable commission for his services based upon the amount of disbursements, or, in proper cases where the amount based on disbursements would be inadequate, on the amount received or invested, or the total value of the estate as in other cases of guardianship, but not to exceed the maximum hereinabove provided for. The guardian may be allowed from the estate of his ward reasonable premiums paid by him to any corporate surety upon his bond. The guardian's attorney may be allowed from the estate of the award [ward] a reasonable attorney's fee for legal services to the estate or to the ward, if the court be of the opinion that the services were proper and rendered in good faith and the amount of the fee is to be in the discretion of the court,

Sources.-Codes, 1930, § 7345; Laws, 1930, ch. 204; 1936, ch. 245.

§ 7504. Use of ward's estate. 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 Bureau in the manner provided in section 7343 [Code of 1930; § 7501, Code of 1942].

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Federal administrator of veterans' affairs could intervene in administration of insane veteran's estate and challenge allowance of attorney's fee to guardian, in order to safeguard money received from Federal Government on war risk insurance contract. Hines v. McCoy, 172 M 153, 159 So 306.

§ 7505. When public record required. Whenever a copy of any public record is required by the Bureau to be used in determining the eligibility of any person to participate in the benefits made available by such Bureau, the official charged with the custody of such public record shall without charge provide the applicant for such benefits or any person acting on his behalf of the representative of such Bureau with a certified copy of such record.

Sources.-Codes, 1930, § 7348; Laws, 1930, ch. 204.
Cross References.-§ 7515, this title.

ATTORNEY GENERAL'S OPINIONS

An applicant for benefits available by the Veterans' Bureau is entitled to have a certificate issued from the Bureau of Vital Statistics free of charge.

A person acting on behalf of the representative of the Veterans' Bureau is entitled to certified copies of the public records in that office free of charge.

The authorized agent of any veteran is entitled to a certified copy of birth or death certificate when required in adjudicating the claim of the veteran before the United States Veterans' Administration, provided such application is accompanied, in each case, by a statement from a service officer or from an officer of the United States Veterans' Bureau on his official stationery and over his signature, to the effect that the veteran desiring such certified copy from the Bureau of Vital Statistics is financially unable to pay the 50¢ fee for each certified copy desired. Ops. Atty. Gen., 1931–33, p. 117.

§ 7506. Commitment to veterans administration or other agency of the United States government.-(1) Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be a lunatic, insane person, idiot, fool, or otherwise 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 safe-keeping 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 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 he 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 faciliy 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.

(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 the state insane hospital or any other hospital or other institution for the care of the insane, or for the care or treatment of persons similarily afflicted and that such person is eligible for care or treatment, the superintendent of such state hospital 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.

Sources.-Codes, 1930, § 7349; Laws, 1930, ch. 204; 1944, ch. 176, § 1.

JUDICIAL DECISIONS UNDER FORMER STATUTE

Statute does not authorize commitment to Federal hospital by circuit court of person charged with capital offense. Doggett v. State, 165 M 488, 144 So 854.

Without a showing that certificate from official in charge of Veterans' Hospital had been received, accused insane veteran with tuberculosis could not be transferred from jail to Veterans' Hospital at guardian's request. Doggett v. State, supra.

§ 7507. When guardian to be discharged.-When a minor for whom a guardian has been appointed under the provisions of this act or other laws of this state shall have attained his or her majority, and if incompetent shall be declared competent by the Bureau and the Court, and when any incompetent ward, not a minor, shall be declared competent by said Bureau and the court, the guardian shall upon making a satisfactory accounting be discharged uopn a petition filed for that purpose.

Sources.-Codes, 1930, § 7350; Laws, 1930, ch. 204.

§ 7508. Act to be construed liberally. This act shall be construed liberally to secure the beneficial intents and purposes thereof and shall apply only to beneficiaries of the Bureau.

Sources.-Codes, 1930, § 7351; Laws, 1930, ch. 204.

JUDICIAL DECISIONS

See Hines v. McCoy, 172 M 153, 159 So 306, set out under § 7504, supra.

§ 7509. Title. This Act may be cited as the "Uniform Veterans' Guardianship Act."

Sources.-Codes, 1930, § 7353; Laws, 1930, ch. 204.

§ 7510. Uniformity required.-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.

Sources.-Codes, 1930, § 7353; Laws, 1930, ch. 204.

§ 7511. Prior appointment not affected.-Provided, that this act shall not affect any guardian who has qualified before this act takes effect.

Sources.-Codes, 1930, § 7354; Laws, 1930, ch. 204.

MONTANA LAWS 1943, CH. 58

CHAPTER 58

An Act Concerning the Guardianship of Incompetent Veterans, and Other Incompetent and Minor Beneficiaries of the Veterans' Administration, and Concerning Commitment to the Veterans' Administration or Other Agency of the United States, of Persons Eligible for Care or Treatment and to Make Uniform the Law With Reference Thereto, and Repealing Sections 5654.1 Through 5654.21, Revised Codes of Montana, 1945.

Be it enacted by the Legislative Assembly of the State of Montana:
Section 1. Definitions.-As used in this act :

"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 reveKue 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.

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