§ 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.