§ 3101. Definitions
As used in this chapter:
(1) “Administrator” means the administrator of the U.S. Veterans’ Administration or his
or her successor.
(2) “Benefits” means all monies paid or payable by the United States through the Veterans
Administration.
(3) “Court” means any Probate Division of the Superior Court within this state for the
district wherein the ward resides.
(4) “Estate” means income on hand and assets acquired partially or wholly with “income.”
(5) “Guardian” means any fiduciary for the person or estate of a ward.
(6) “Income” means monies received from the Veterans’ Administration and revenue or profit
from any property wholly or partially acquired therewith.
(7) “Person” means an individual, a partnership, a corporation, or an association.
(8) “Veterans’ Administration” means the Veterans’ Administration, its predecessors or
successors.
(9) “Ward” means a beneficiary of the Veterans’ Administration. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
§ 3102. Administrator as 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 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.
§ 3103. Application
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.
§ 3104. Limitation on number of wards
A person other than a bank or trust company, or the Executive Secretary of the State
Veterans’ Board acting under an appointment in that capacity pursuant to subdivision 3105(a)(3) of this title, shall not be guardian of more than five wards at one time, unless all the wards
are members of one family. Upon presentation 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 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 or her from guardianships in excess of five and forthwith appoint a successor.
§ 3105. Appointment of guardian
(a) A petition for the appointment of a guardian may be filed by:
(1) any relative or friend of the ward or by any person who is authorized by law to file
such a petition; or
(2) if there is no person so authorized or if the person so authorized refuses or fails
to file such a petition within 30 days after mailing of notice by the Veterans’ Administration
to the last known address of the persons, indicating the necessity for the same, by
any resident of this State; or
(3) if the ward is a mentally incompetent veteran in a State institution, and no petition
is filed within 60 days after the mailing of such notice, the Executive Secretary
of the State Veterans’ Board may file one praying that he or she, or his or her successor
in office, in his or her official capacity, be appointed guardian.
(b) The petition for appointment shall set forth the name, age, place of residence of
the ward, the name and place of residence of the nearest relative, if known, and the
fact that the ward is entitled to receive benefits payable by or through the Veterans’
Administration and shall set forth the amount of monies then due and the amount of
probable future payments.
(c) The petition shall also set forth the name and address of the person or institution,
if any, having actual custody of the ward and the name, age, relationship, if any,
occupation, and address of the proposed guardian and if the nominee is a natural person,
the number of wards for whom the nominee is presently acting as guardian. Notwithstanding
any law as to priority of persons entitled to appointment, or the nomination in the
petition, the court may appoint some other individual or a bank or trust company as
guardian, if the court determines it is for the best interest of the ward.
(d) In the case of a mentally incompetent ward, the petition shall show that such ward
has been rated incompetent by the Veterans’ Administration on examination in accordance
with the laws and regulations governing the Veterans’ Administration.
§ 3106. Evidence of necessity for guardian of infant
Where a petition is filed for the appointment of a guardian for a minor, a certificate
of the Administrator or his or her authorized representative, 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
monies due the minor by the Veterans’ Administration shall be prima facie evidence
of the necessity for such appointment.
§ 3107. Evidence of necessity for guardian of incompetent
Where a petition is filed for the appointment of a guardian for a mentally incompetent
ward, a certificate of the Administrator or his duly authorized representative, that
such person has been rated incompetent by the veterans administration on examination
in accordance with the laws and regulations governing such Veterans’ Administration
and that the appointment of a guardian is a condition precedent to the payment of
any monies due such ward by the Veterans’ Administration, shall be prima facie evidence
of the necessity for such appointment.
§ 3108. Notice
Upon the filing of a petition for the appointment of a guardian under this chapter,
notice shall be given to the ward, to such other persons, and in such manner as is
provided by the general law of this State, and also to the Veterans’ Administration
as provided by this chapter.
§ 3109. Bond
(a) Upon the appointment of a guardian, he or she 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 may, from time to time, require the guardian
to file an additional bond.
(b) 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 or
her debts and liabilities and the aggregate of other bonds on which he or she 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.
§ 3110. Petitions and accounts, notices and hearings
(a) Every guardian who has received or shall receive on account of his ward any monies
or other thing of value from the Veterans’ Administration 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 monies or other things of value so received by him or her, all earnings, interest,
or profits derived therefrom and all property acquired therewith and of all disbursements
therefrom, and showing the balance thereof in his or her hands at the date of the
account and how invested.
(b) At the time of filing any account, the guardian shall exhibit all securities or investments
held by him or her to an officer of the bank or other depository wherein such securities
or investments are held for safekeeping or to an authorized representative of the
corporation which is surety on his or her bond, or to the judge or clerk of a court
of record in this state, or, upon request of the guardian or other interested party,
to any other reputable person designated by the court, who shall certify in writing
that he or she has examined the securities or investments and identified them with
those described in the account, and shall note any omissions or discrepancies. If
the depository is the guardian, the certifying officer shall not be the officer verifying
the account. The guardian may exhibit the securities or investments to the judge
of the court, who shall endorse on the account and copy thereof a certificate that
the securities or investments shown therein as held by the guardian were each in fact
exhibited to him or her and that those exhibited to him or her were the same as 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 shall be filed by the guardian with his account.
(c) At the time of filing any account in the court, a certified copy thereof and a signed
duplicate of each certificate filed with the court 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 hearing be waived in writing by the attorney of the Veterans’ Administration,
and by all other persons, if any, entitled to notice, the court shall fix a time and
place for the hearing on the account, petition, motion, or other pleading not less
than 15 days nor more than 30 days from the date same is filed, unless a different
available date be stipulated in writing. Unless waived in writing, written notice
of the time and place of hearing shall be given the Veterans’ Administration office
concerned and the guardian and any others 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 such date.
The court, or clerk thereof, shall mail to such 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 or she 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, 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.
§ 3111. Penalty for failure to account
If a guardian fails to file with the court an account as required by this chapter,
or by an order of the court, when an account is due or within 30 days after citation
issues as provided by law, or fails to furnish the Veterans’ Administration a true
copy of an account, petition, or pleading as required by this chapter, such failure
may, in the discretion of the court, be ground for his or her removal.
§ 3112. Compensation of guardians
Compensation payable to guardians shall be based upon services rendered and shall
not exceed five percent of the amount of monies received during the period covered
by the account. In the event of extraordinary services by a guardian, the court,
upon petition and hearing thereon, may authorize reasonable additional compensation
therefor. A copy of the petition and notice of hearing thereon shall be given the
proper office of the Veterans’ Administration in the manner provided in the case of
hearing on a guardian’s account or other pleading. No commission or compensation
shall be allowed on the monies or other assets received from a prior guardian nor
upon the amount received from liquidation of loans or other investments. The Executive
Secretary of the State Veterans’ Board shall not be entitled to any compensation in
addition to his or her regular salary by reason of acting as guardian under an appointment
pursuant to subdivision 3105(a)(3) of this title.
§ 3113. Investments
A guardian shall invest the surplus funds of his or her wards’ 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 this State or 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 such office as provided in the case of
hearing on the guardian’s account.
§ 3114. Maintenance and support
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 such petition shall be furnished the proper
office of the Veterans’ Administration and notice of hearing thereon shall be given
such office as provided in the case of hearing on a guardian’s account or other pleading.
§ 3115. Purchase of home for ward
(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 or her interest, or (if he or she is not a minor) as a home for
his or her 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 such 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 section does not limit the right of the guardian on
behalf of his or her ward to bid for and to become the purchaser of real estate at
a sale thereof pursuant to decree of foreclosure of lien held by or for 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 co-tenants of the ward for a partition in kind, or to purchase
from co-tenants 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.
§ 3116. Copies of public records to be furnished
When a copy of a public record is required by the Veterans’ Administration to be used
in determining the eligibility of a 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 a person acting on his
or her behalf or the authorized representative of the Veterans’ Administration with
a certified copy of such record.
§ 3117. Discharge of guardian and release of sureties
In addition to 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 or her 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 or her 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 or her from the guardian, the guardian shall be
discharged and his or her sureties released.
§ 3118. Commitment to Veterans’ Administration or other agency of U.S. government
(a) Whenever, in a 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 U.S. 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 there,
may commit such person to such 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
chapter shall affect his right to appear and be heard in the proceedings. Upon commitment,
when admitted to a facility operated by such agency within or without this State,
such person shall be subject to the rules and regulations of the Veterans’ Administration
or other agency. The chief officer of a facility of the Veterans’ Administration
or institution operated by another agency of the United States to which the person
is so committed, with respect to such person, shall 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 chapter are
so conditioned.
(b) 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 U.S. 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
or her restraint; as is provided in subsection (a) 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 a facility of the Veterans’ Administration, or of an institution
operated in this State by another agency of the United States to retain custody, or
transfer, parole, or discharge the committed person.
(c) 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 a
person heretofore committed to a 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, 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 such transfer, the committing court or proper
officer thereof shall be notified thereof by the transferring agency. A person shall
not be transferred to the Veterans’ Administration or other agency of the United States
if he or she be confined pursuant to conviction of a felony or misdemeanor or if he
or she 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.
(d) A 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.
§ 3119. Modification of prior laws
Except where inconsistent with this chapter, 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.
§ 3120. Application of chapter
The provisions of this chapter relating to surety bonds and the administration of
estates of wards shall apply to all “income” and “estate” as defined in section 3101 of this title, whether the guardian shall have been appointed under this chapter or under any other
law of this State, special or general, prior or subsequent to the enactment hereof.
§ 3121. Liberal construction
This chapter shall be so construed as to make uniform the law of those states which
enact it.