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those shown in the account, and noting any omission or discrepancy. That 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 be filed by the guardian with his account.

(c) At the time of filing in the court any account, a certified copy thereof 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 signed duplicate or a certified copy of any petition, motion or other pleading pertaining to an account, or to any matter other than an account, and 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 waived in writing, written notice of the time and place of any hearing shall be given the veterans' administration office concerned and the guardian and any other entitled to notice not less than 15 days prior to the date fixed for the hearing. The notice may be given by mail in which event it shall be deposited in the mails not less than 15 days prior to said date. The court, or clerk thereof, shall mail to said 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 required under the applicable law of this state 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.

PENALTY FOR FAILURE TO ACCOUNT

(11) If any guardian shall fail to file with the court any account as required by this section, or by an order of the court, when any account is due or within 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 section, such failure may in the discretion of the court be ground for his removal.

COMPENSATION OF GUARDIANS

(12) Guardians shall be compensated as provided in section 319.37.

INVESTMENTS

(13) 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 the funds may be invested, without prior court authorization, in direct unconditional interest-bearing obligations of the United States and in obligations the interest and principal of which are unconditionally guaranteed by the United States. A signed duplicate 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.

MAINTENANCE AND SUPPORT

(14) A guardian shall not apply any portion of the income or 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 signed duplicate or certified copy of said petition 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 or other pleading.

PURCHASE OF HOME FOR WARD

(15) (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, if he is not a minor as a home

for his dependent family. Such 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 veterans' administration and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account.

(b) Before authorizing such 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. This subsection 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 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 interest and upon prior order of the court in which the guardianship is pending, to agree with cotenants of the ward for a partition in kind, or to purchase from cotenants 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.

COPIES OF PUBLIC RECORDS TO BE FURNISHED

(16) When 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 custodian of such public record shall without charge provide the applicant for such benefits or any person acting on his behalf or the authorized representative of the veterans' administration with a certified copy of such record.

DISCHARGE OF GUARDIAN AND RELEASE OF SURETIES

(17) 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 section and the determination by the court that the ward has attained majority or has recover 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 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.

LIBERAL CONSTRUCTION

(18) This section shall be so construed to make uniform the law of those states which enact it.

SHORT TITLE

(19) This section may be cited as the "Uniform Veterans' Guardianship Act."

MODIFICATION OF OTHER STATUTES

(20) Except where inconsistent with this section, the statutes 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 beneficiaries and their estates.

APPLICATION OF ACT

(21) The provisions of this section relating to surety bonds and the administration of estates of wards shall apply to all “income" and "estate" as defined in subsection (1) whether the guardian shall have been appointed under this section or under any other law of this state, special or general, prior or subsequent to June 5, 1947. [1947 c. 203]

VETERANS GUARDIANSHIP, WYOMING COMP, STATUTES, 1945, §§ 7-701 To 7-719

ARTICLE 7

UNIFORM VETERANS' GUARDIANSHIP ACT

Definitions.

Appointment, confirmation or removal of guardian-Bureau party in interest.
Guardian limited to five wards-Exceptions.

Appointment of guardian of minor wards as condition precedent to payment of
money.

Appointment of guardian of mentally incompetent as condition precedent to payment of money.

Notice of filing of petition.

Bond of guardian.

Section.

7-701.

7-702.

7-703.

7-704. 7-705.

Petition for appointment of guardian-Contents.

7-706.

7-707.

7-708. 7-709.

7-710.

7-711.

7-712.

7-713.

7-714.

7-715.

7-716.

7-717.

Annual accounting-Copy of accounts and petitions to bureau-Notice of hearing Administration of property from other sources.

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Commitment to Veterans' Hospital-Powers of hospital-Procedure-Judgments
of other states.

Discharge of guardian upon declaration of ward's competency.
Construction of act.

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7-701. Definitions.-As used in this Act [§§ 7-701-7-719]:

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. [Laws 1929, ch. 6, § 1; R. S. 1931, § 50-601.]

Compiler's Note. This article was not enacted as part of the probate code, see compiler's notes to § 6-101.

Cross-Reference.-Commitment of insane veterans to veterans' hospital, § 51

217.

Comparative Legislation.-Uniform Veterans' Guardianship Act:
Idaho. Laws 1943, ch. 39.

Ind. Burns' Stat. 1933, §§ 8-501---8-520.
Iowa. Code 1939, §§ 12644C1-12644-C20.
Kan. Gen. Stat. 1935, §§ 73-501-73-521.
Ky. Rev. Stat. 1943, 388.190-388.390.
La. Darts Stat.,§§ 9232-9255.

Md. Code 1939, Art. 65, §§ 59-80A.
Mont. Laws 1943, ch. 58.

Nebr. Rev. Stat. 1943, §§ 38-401-38-419.

Nevada. Comp. Laws 1929, §§ 9548-9568.

N. Mex. Stat. 1941, Supp., §§ 35-401-35-422.

Ala. Code 1940, tit. 21, §§ 160-176.

Ariz. Code 1939, Supp. §§ 42-301-42-320.

Ark. Laws 1943, Act 177.

Cal. Deering's Probate Code, §§ 1650-1669.

Colo. Stat. 1935, ch. 150, §§ 36-55.

Fla. Comp. Laws Supp., §§ 2146 (1)-2146 (20).

Ga. Code 1933, §§ 49-801-49-816.

N. Y. Civil Practice Act, art. 81a.

N. Car. Gen. Stat. 1943, §§ 20-38-20-183.

N. Dak. Laws 1931, ch. 309.

Ohio. Page's Gen. Code, §§ 11037-1-11037-20.

Okla. 72 Stat. Ann., §§ 126.1-126.23.

S. Dak. Laws 1943, ch. 136.

Tenn. William's Ann. Code, §§ 8541-8558.

Utah. Code 1943, §§ 98-5-1-98-5-174.

Vt. Laws 1943, ch. 33.

W. Va. Code 1943, §§ 44-15.1-44-15.18.

7-702. Appointment, confirmation or removal of guardian-Bureau party in interest. Whenever, pursuant to any law 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.

The Administrator of Veterans' Affairs, or his successor, is and shall be a party in interest in any proceeding, heretofore or hereafter brought under the uniform Veteran's Guardianship Act [§§ 7-701-7-719] of this State for the appointment, confirmation, or removal of any guardian of the person or estate, or of both, of a minor, or insane or other mentally incompetent person, to whom or in whose behalf benefits have been paid or are payable by the Veterans' Administration or its predecessors or successors, and in any suit or other proceeding arising out of the administration of such person's estate, or in which the purpose thereof is to remove the disability of minority or of mental incompetency of such person. [Laws 1929, ch. 6, §2; R. S. 1931, § 50-602; Laws 1941, ch.

129, § 1.]

Amendment. The second paragraph was added in 1941.

7-703. Guardian limited to five wards-Exceptions.-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 [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.

The limitations of this section shall not apply where the guardian is a bank or trust company acting for the wards' estates only. An individual may be guardian of more than five [5] wards if they are all members of the same family. [Laws 1929, ch. 6, § 3; R. S. 1931, § 50–603.]

7-704. Petition for appointment of guardian-Contents.-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 [30] 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 relatives, 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 rated incompetent on examination by the bureau in accordance with the laws and regulations governing the bureau. [Laws 1929, ch. 6, § 4; R. S. 1931, § 50-604.]

7-705. Appointment of guardian of minor wards as condition precedent to payment of money.-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. [Laws 1929, ch. 6, § 5; R. S. 1931, § 50-605.] 7-706. Appointment of guardian of mentally incompetent as condition precedent to payment of money.-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. [Laws 1929, ch. 6, § 6; R. S. 1931, § 50-606.]

7-707. Notice of filing of petition.-Upon the filing of a petition for the appointment of a guardian, under the provisions of this Act [§§ 7-701-7-719], the court shall cause such notice to be given as provided by law. [Laws 1929, ch. 6, §7; R. S. 1931, § 50-607.]

7-708. Bond of guardian.-Before making appointment under the provisions of this Act [§§ 7-701-7-719] 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 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. [Laws 1929, ch. 6, § 8; R. S. 1931, § 50-608.]

7-709. Annual accounting-Copy of accounts and petitions to bureau-Notice of hearing-Administration of property from other sources.-Every guardian, who has received or shall receive on account of his ward, any moneys from the Veterans' Administration, its predecessors or successor, 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 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. A certified copy of each of such accounts filed with the court shall be sent by the guardian to the office of the Veterans' Administration having jurisdiction over the area in which such court is located. A duplicate signed copy or certified copy of any petition, motion, or other pleading which is filed in the guardianship proceedings, or in any proceeding for the purpose of removing the disability of minority or of mental incompetency, shall be furnished by the person filing the same, to the office of the Veterans' Administration concerned. The Court shall fix a time and place for the hearing on such account, petition, or other pleading, not less than fifteen [15] days nor more than thirty [30] days from the date of filing same, and notice thereof shall be given by the court to the aforesaid Veterans' Administration office not less than fifteen [15] days prior to the date fixed for the hearing. Notice of such hearing shall in like manner be given to the guardian. Any guardian appointed under this Act [§§ 7-701-7-719] shall be accountable for property derived from sources other than the Veterans' Administration and shall be accountable as is or may be required under the applicable law of this State pertaining to the property of minors or persons of unsound mind who are not beneficiaries of the Veterans' Administration; provided, however, that he may at his option administer the same as provided in this Act and include an accounting for such assets and income in the same account required with respect to assets derived from the Veterans' Administration, and if so included, the procedure with respect thereto shall be that hereinabove prescribed. [Laws 1929, ch. 6, § 9; R. S. 1931, § 50-609; Laws 1941, ch. 129, § 2.1

Amendment.-The 1941 act changed "bureau" to read "Veterans' Administration" and added the third sentence and the last paragraph.

7-710. Removal for failure to file account.—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 [30] 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 [§§ 7-701-7-719], such failure shall be grounds for removal. [Laws 1929, ch. 6. § 10; R. S. 1931, § 50-610.]

7-711. Compensation of guardian.-Compensation payable to guardian shall not exceed five [5] per cent. of the income of the ward during any year. 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 in the bureau in the manner provided in Section 9 [§ 7-709]. No compensation shall be allowed on the corpus of an estate received

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