from a preceding guardian. The guardian may be allowed from the estate of his ward reasonable premiums paid by him to any corporate surety upon his bond. [Laws 1929, ch. 6. § 11; R. S. 1931, § 50-611.] 7-712. Investment of funds-Notice to bureau-Exception.-It shall be the duty of such guardians to invest and keep invested their ward's surplus money, and only, in the securities or other property, and in the manner hereinafter indicated, and in which securities or other property the guardian has no interest such investments, except those provided in paragraph (A) hereof, shall be made only upon the prior approval of the Court, after notice to the Veterans' Administration as provided in Section 50-609, Revised Statutes of Wyoming, 1931 [§ 7-709], as amended. (A) Direct obligations of this State and of the United States Government, and obligations, the interest and principal of which are both unconditionally guaranteed by the United States Government. The bonds of this State or of any other State, or any county, school districts, city, or town in the United States with a population as shown by next preceding federal census or not less than 1,000 inhabitants; and where the laws do not permit such counties, cities, school districts, or towns to become indebted in excess of six [6] per cent of the assessed valuation of property for taxation therein, and where the total indebtedness of such county, school district, city, or municipality, does not exceed six [6] per cent of the assessed valuation of property for taxation at the time of such investment: provided always, there has been no default for more than thirty [30] days during the preceding ten [10] years upon any bonds of the issuing State, county, city or town. (B) In the legally issued notes of the owner of the fee simple title to improved, unencumbered real property located in this State secured by first mortgage or deed of trust thereon: provided, that the total debt secured by such encumbrances shall not exceed sixty [60] per cent of the actual cash value of such real property at the time of such investment unless such loan be insured and while held by the guardian remain insured, by the Federal Housing Administrator in accordance with the National Housing Act. (C) In the entire fee simple title to real estate or lease or real estate in this State and the purchase of all necessary equipment, but only as a home for the ward, or as a home for his dependent family, or to rehabilitate the ward, or to protect his interests. Such purchase or lease of real estate or other investment provided in this paragraph shall not be made except upon the entry of an order of the court after hearing upon verified petition. Notice of such hearing shall be given the Veterans' Administration as provided in Section 50-609 [§ 7-709], as amended. Title shall be taken in the ward's name. This paragraph shall not be construed to 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 a lien held by or for the ward, or at a tax or a trustee's sale, to protect the ward's right in the property so foreclosed or sold, or at a sale under partition decree, if necessary to protect the ward's interest in such property. [Laws 1929, ch. 6, § 12; R. S. 1931, § 50-612; Laws 1941, ch. 129, § 3.] Amendment.-Prior to the 1941 amendment, the section read: "Every guardian shall invest the funds of the estate in such manner or in such securities, in which the guardian has no interest, as allowed by law or approved by court." 7-713. Limit of expenditures.-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 9 [87-709]. [Laws 1929, ch. 6, § 13; R. S. 1931, § 50-613.] 7-714. Certified copies of records.-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 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 or the representative of such burean with a certified copy of such record. [Laws 1929, ch. 6, § 14; R. S. 1931, § 50-614.1 7-715. Commitment to Veterans' Hospital-Powers of hospital-ProcedureJudgments of other states.-Whenever, in a proceeding for the commitment of any person as an insane person or a feeble-minded person, it is determined that such person is insane or is feeble-minded, and ought to be committed for safekeeping or treatment, and that such person is eligible for care or treatment by the Veterans' Administration or other agency of the United States Government, the district court for the county in which such person resides, or wherein he is found in this State, 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 the Veterans' Administration or other agency of the United States Government for care or treatment in the manner provided by law for the commitment of insane or of feeble-minded persons to Wyoming State Hospital. Thereafter, upon admission such committed person shall be subject to the applicable rules and regulations of the Veterans' Administration or such other agency of the United States Government. The chief officer of any facility or other institution to which such person is so committed shall be vested with the same powers possessed by the Superintendent of Wyoming State Hospital or other institutions operated by this State for the care or treatment of persons similarly afflicted, with respect to the retention, transfer, parole, or discharge. Notice of such pending proceedings shall be furnished the person whose commitment is sought and his right to appear and defend shall not be denied. The judgment or order of commitment by a court of competent jurisdiction of another State 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 such person while in this State as in the State in which such judgment or order was made. Upon receipt of a certificate of the Veterans' Administration, or such other agency of the United States Government, that facilities are available for the care or treatment of any person heretofore committed to Wyoming State Hospital or to any other hospital for the insane, or other institution in this State for the care of persons similarly afflicted, that such person is eligible for such care or treatment, the superintendent of any such hospital or institution in this State, is hereby authorized to cause the transfer of any such person to the Veterans' Administration or other agency of the United States Government for care or treatment. Upon effecting any such transfer, the committing court shall be notified thereof by the transferring agency; provided, however, no person shall be transferred, if he is confined pursuant to conviction for any crime or misdemeanor, or if he shall have been acquitted of any such charge solely on the ground of insanity, unless, prior to such transfer, the court originally committing such person shall enter an order for such transfer after appropriate motion and hearing. Any person transferred as provided in this Act [88 7-701-7-719] shall be deemed to be committed to the Veterans' Administration or other agency of the United States Government, pursuant to the original commitment, the same as if he had been originally so committed. [Laws 1929, ch. 6, § 15; R. S. 1931, § 50-615; Laws 1941, ch. 129, § 4.] The general sub Amendment.-The 1941 act placed the section in its present form. stance of the original section has been retained in the first paragraph. Effective date.--Section 5 of Laws 1941, ch. 129 provided that it should be in effect from and after its passage. Approved February 25, 1941. 7-716. Discharge of guardian upon declaration of ward's competency. When a minor ward for whom a guardian has been appointed under the provisions of this Act [88 7-701-7-719] or other laws of this state shall have attained his of 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 upon a petition filed for that purpose. [Laws 1929, ch. 6, § 16; R. S. 1931, § 50-616.] 7-717. Construction of act. This Act [88 7-701-7-719] shall be construed liberally to secure the beneficial intents and purposes thereof, and shall apply only to beneficiaries of the bureau. [Laws 1929, ch. 6, § 17; R. S. 1931, § 50-617.] 7-718. Citation of act.-This Act [§§ 7-701-7-719] may be cited as the "Uniform Veterans' Guardianship Act." [Laws 1929, ch. 6, § 18; R. S. 1931, § 50-618.] 7-719. Interpretation of act.-This Act [88 7-701-7-719] shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. [Laws 1929, ch. 6, § 19; R. S. 1931, § 50-619.] Separability.-Section 20 of Laws 1929, ch. 6, reads: "The invalidity of any portion of this act shall not affect the validity of any other portion thereof which can be given effect without such invalid part." Repealing Clause.-Section 21 of Laws 1929, ch. 6 repealed chapter 88 of the Session Laws of Wyoming, 1927, and all laws, or parts of laws relating to beneficiaries of the bureau inconsistent to this act. Effective Dute.-Section 22 of Laws 1929, ch. 6 provided that the act should take effect on the 1st day of June, 1929. TEXT OF LAW ON AID TO STATE OR TERRITORIAL HOMES (U. S. C., title 24, sec. 134) All States or Territories which have established, or which shall establish, State homes for disabled soldiers and sailors of the United States who served in the Civil War or in any previous or subsequent war who are disabled by age, disease, or otherwise, and by reason of such disability are incapable of earning a living, provided such disability was not incurred in service against the United States, shall be paid for every such disabled soldier or sailor who may be admitted and cared for in such home at the rate of $700 per annum from September 1, 1954. The number of such persons for whose care any State or Territory shall receive the said payment under this section shall be ascertained by the Administrator of Veterans' Affairs under such regulations as it may prescribe, but the said State or Territorial homes shall be exclusively under the control of the respective State or Territorial authorities, and the Administrator shall not have nor assume any management or control of said State or Territorial homes. The Administrator of Veterans' Affairs shall, however, have power to have the said State or Territorial homes inspected at such times as it may consider necessary, and shall report the result of such inspections to Congress in its annual report: Provided, That no State shall be paid a sum exceeding one-half the cost of maintenance of each soldier or sailor by such State: Provided further, That one-half of any sum or sums retained by State homes on account of pensions received from inmates shall be deducted from the aid provided for in this section. No money shall be apportioned to any State or Territorial home that maintains a bar or canteen where intoxicating liquors are sold: Provided further, That for any sum or sums collected in any manner from inmates of such State or Territorial homes to be used for the support of said homes a like amount shall be deducted from the aid provided for in this section, but this proviso shall not apply to any State or Territorial home into which the wives or widows of soldiers are admitted and maintained. (August 27, 1888, ch. 914, sec. 1, 25 Stat. 450; March 2, 1889, ch. 411, 25 Stat. 975; January 27, 1920, ch. 56, 41 Stat. 399; February 12, 1925, ch. 225, 43 Stat. 933; April 15, 1926, ch. 146, 44 Stat. 294 ; February 23, 1927, ch. 167, 44 Stat. 1145; December 22, 1927, ch. 5, sec. 1, 45 Stat. 39; March 23, 1928, ch. 232, sec. 1, 45 Stat. 363; February 28, 1929, ch. 366, 45 Stat. 1385; May 28, 1930, ch. 348, 46 Stat. 466; July 3, 1930, ch. 863, sec. 2, 46 Stat. 1016; February 23, 1931, ch. 281, sec. 1, 46 Stat. 1375; June 30, 1932, ch. 330, sec. 1, 47 Stat. 472; August 1, 1939, ch. 408, sec. 1, 53 Stat. 1145: December 17, 1943, ch. 347, sec. 1, 57 Stat. 603; May 18, 1948, ch. 299, sec. 1, 62 Stat. 237; September 23, 1950, ch. 1003, 64 Stat. 981; August 21, 1954, ch. 782 sec. 1, 68 Stat. 757.) TIME AND MANNER OF PAYMENT Section 2 of the act of August 21, 1954, provided that: "The amendment made by this act shall apply to payments with respect to the care given to disabled soldiers, sailors, and airmen, on and after the first day of the month next following the month during which this act is enacted: Provided, That said payments shall be made regardless of whether said veteran may be receiving domiciliary care or hospitalization in said home and the appropriations of the Veterans' Administration for medical, hospital, and domiciliary care shall be available for this purpose: Provided further, That no such payment to a State or Territory shall be made until the Administrator of Veterans' Affairs determines that the veteran, on whose account such payment is requested, is eligible for such care in a Veterans' Administration facility, and after such determination of eligibility such payment shall be made covering the period of eligibility from the date such care commenced, except that no such payment shall be made effective prior to the date of receipt by the Veterans' Administration of an appropriate request for determination of eligibility in the case of any eligible veteran with respect to whom such request is not received within 10 days following the date such care commenced. VETERANS' HOMES CALIFORNIA MILITARY AND VETERANS CODE ANNOTATED, §§ 1010-1046 DIVISION 5 VETERANS' INSTITUTIONS Chapter 1. Veterans' Home of California. §§ 1010-1046. 2. Woman's Relief Corps Home of California. §§ 1080-1094. Property of home. CHAPTER 1 VETERANS' HOME OF CALIFORNIA § 1010. Definitions. § 1011. § 1012. Veterans' home recognized: Location. § 1013. § 1014. $1015. Management and control of home: Administration. Board of directors: Number, appointment and terms of members: Filling vacancies. [Repealed.] Same: Oath of members. Officers of home: Tenure of existing officers: Subsequent appointments. Same: Oath, bond, residence and removal. Employees: Appointment, duties and compensation. [Repealed.] Traveling expenses: Payment. [Repealed.] Office of board: Location: Limit of office expenses. [Repealed.] Actions by and against department: Property, how held: Duties of Commandant. Inspection of home. Records, reports and accounts. § 1026. § 1027. General register: Contents. 1030.1. Contacts for performance of services or manufacture of articles by disabled members: Disposition of proceeds. § 1030.2. Contracts for vocational training of veterans. Federal moneys: Disposition. Bills for supplies, etc: Preparation, audit and payment. Disposition of moneys received by board: Payment to executive officer: Forwarding to State Treasurer: Deposit. Deposits by veterans: Trust fund. Same: Withdrawals: Disposition of balance upon veteran's death. Same: Return on discharge or departure: Disposition where not demanded within five years. Disposition of unclaimed trust moneys. § 1039.3. Acceptance of cash donations and other gifts: Disposition of cash. § 1039.5. Special Deposit Fund--Spanish American War Account: Transfer of money to post fund. § 1040. $ 1041. § 1042. Personal effects of deceased or discharged veterans. Charge for keeping personal effects: Liens: Foreclosure: Sale and disposal of proceeds. Accrued interest: Accounting and deposit. 1042.1. Unclaimed or uncashed checks: Disposition of proceeds. § 1043. Admission to home: Persons not eligible. $1044. Same: Regulations governing: Conditions. 1045. Transfer of property and management to United States. 1046. Guardianship of estates of incompetent veterans. § 1010. Definitions. As used in this chapter: (a) "Home" means the Veterans' Home of California. (b) "Department" means the Department of Veterans Affairs. (c) "Veteran" means a member of the home. 1. Enacted 1935. LEGISLATIVE HISTORY 2. Amended by Stats 1935 ch 822 p 2233. 3. Amended by Stats 1947 ch 94 § 1 p 569, amending subd (b) which formerly read: "(b) 'Board' means the board of directors of the home." § 1011. Veterans' home recognized: Location.-There is in the Department of Veterans Affairs a Veterans' Home of California, which is situated at Veterans' Home, Napa County. LEGISLATIVE HISTORY 1. Enacted 1935, the section then reading: "There is in the Department of Military and Veterans' Affairs a Veterans' Home of California, which is situated at Yountville, Napa County." 2. Amended by Stats 1947 ch 94 § 2 p 569, amending the section to read as at present. § 1012. Purpose of home: Persons eligible.-The home is for aged and disabled honorably discharged former soldiers, sailors, marines, and members of the Coast Guard of the United States who have served in the armed forces during a war period as defined by law and/or are eligible for hospitalization or domiciliary care in a veterans' facility in accordance with the rules and regulations of the United States Veterans Administration, and who have been bona fide residents of this State for 10 years immediately preceding the date of application. The property of the home shall be used for this purpose. LEGISLATIVE HISTORY 1. Enacted 1935, the section then reading: "The home is for aged and indigent ex-soldiers, sailors, and marines of the United States. The property of the home shall be used for this purpose.' Based on Stats 1897 ch 101 § 2 p 107, as amended by Stats 1905 ch 373 $1.4mended by Stats 1939 ch 565 § 1 p 1969, amending the first sentence to read: "The home is for aged and indigent disabled ex-soldiers, sailors and marines of the United States who have served in the armed forces during a war period as defined by law or who are eligible for hospitalization in a veterans facility in accordance with the rules and regulations of the United States Veterans Administration." 3. Amended by Stats 1941 eh 1156 § 1 p 2886, amending the first sentence to read as at present. CROSS REFERENCES Admission of persons not eligible: 1043. COLLATERAL REFERENCES 10 CLR 415 (welfare legislation, validity of). NOTES OF DECISIONS The act of March 11, 1897, and the acts amendatory thereof were to be taken in connec tion with the regulations of the board, in determining the conditions on which applicants could enter and remain as members of the State Veterans' Home. Treadway y Veterans' Home of Calif. (1910) 14 CA 75, 111 P 111. The legislature, having power to make the "Veterans' Home" a state institution, had the power to regulate the conditions of membership therein, either directly or by delegating power over such conditions to the governing body of the state institution. Treadway v Veterans' Home of Calif. (1910) 14 CA 75, 11 P 111. § 1013. Property of home.-All property conveyed to and accepted by the State under the provisions of Chapter 101, Statutes of 1897, and any other property conveyed to and accepted for the home shall be the property of the home the same as though the description of such property and acceptance thereof were herein set forth. Enacted 1935. LEGISLATIVE HISTORY CROSS REFERENCES Property held by board in trust: § 1023. NOTES OF DECISIONS The act of March 11, 1897, accepting from the Veterans' Home Association of Napa County a conveyance of its title to its tract, improvements and furnishings, and making the same a state home for aged and indigent ex-soldiers, sailors and marines of the United States Army and Navy, is a valid special law in a case where a general law could not be made applicable. Treadway v Veterans' Home of Calif. (1910) 14 CA 75, 111 P 111. § 1014. Management and control of home: Administration.-The home shall be under the management and control of the department and, subject to the policies adopted by the California Veterans Board and the direction of the Director of Veteran's Affairs, shall be administered by the Commandant, Veterans' Home of California, known as the Manager of the Division of Veterans Homes. LEGISLATIVE HISTORY 1. Enacted 1935, the section then reading: "The home shall be under the management and control of the board." Based on Stats 1897 ch 101 § 2 p 107, as amended by Stats 1905 ch 373 § 1 p 471. 2. Amended by Stats 1947 ch 94 § 3 p 569, amending the section to read as at present. § 1015 Board of directors: Number, appointment and terms of members: Filling vacancies. [Repealed.] See note to § 50. LEGISLATIVE HISTORY 1. Enacted 1935. Based on Stats 1897 ch 101 § 2 p 107, as amended by Stats 1905 ch 373 § 1 p 471. 2. Repealed by Stats 1st Ex Sess 1946 ch 114 § 1 p 148. § 1016. Same: Oath of members. [Repealed.] See note to § 50. |