§ 79.01 Definitions. As used in this article: The term “person” includes a partnership, corporation, or an association. The term “administration” means the United States veterans’ administration or its successor. The terms “estate” and “income” shall include only moneys received by the guardian from the administration and all earnings, interest, and profits derived therefrom. The […]
§ 79.03 Application. Whenever, pursuant to any law of the United States or regulation of the administration, 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 provisions of this article shall apply only to the wards of […]
§ 79.05 Limitations on number of wards. 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 administration […]
§ 79.07 Petition; contents. A petition for the appointment of a guardian for an incompetent or conservatee ward may be filed in the supreme court or in the county court pursuant to jurisdiction given in the laws of the state, by or on behalf of any person who, under the laws of the state, is […]
§ 79.09 Consolidated procedure. Upon petition for the appointment of a guardian the court may appoint such guardian to receive not only benefits from the veterans’ administration and income from such benefits, but such other property of the ward to which he may be entitled and which is not then being administered by a committee […]
§ 79.11 Prima facie evidence of infancy or incompetency. (a) Where a petition is filed for the appointment of a guardian of an infant ward, a certificate of the director, or his representative, setting forth the age of such infant as shown by the records of the administration and the fact that the appointment of […]
§ 79.13 Notice. (a) Upon the filing of a petition for the appointment of a guardian under the provisions of this article, the court shall cause the same notice to be given that is required by this chapter when the appointment is being made for an incompetent and by the surrogate’s court procedure act when […]
§ 79.15 Bonds; sureties. Before making an appointment under the provisions of this article 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 […]
§ 79.17 Accounts. (a) Every guardian or committee, whether appointed under this article or under any other law of this state, who shall receive or has received on account of his ward any moneys from the administration or income from such moneys shall file annually with the court by which he was appointed on the […]
§ 79.19 Removal of guardian for failure to account or for other reasons. If any guardian shall fail to file any account of the moneys received by him from the administration on account of his ward within thirty days after such account is required by either the court or the administration, or shall fail to […]
§ 79.21 Compensation of guardian. (a) Where a guardian has received only the benefits from the administration or income from such benefits, compensation payable to the guardian for administering the estate of a ward shall be fixed by the court not to exceed five per centum of the income of the ward during any year. […]
§ 79.23 Investments by guardians. (a) A guardian of an infant ward, in the investment both of the funds of the estate and of other property of the infant which he may receive, shall be governed by the laws which govern investments by a guardian of an infant who has executed and filed a bond […]
§ 79.25 Maintenance and support. 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 administration. In case of an […]
§ 79.27 Filing and recording of papers and copies of public records to be furnished. The official, charged with the responsibility of receiving public records for filing and recording, shall receive any such public records pertaining to the appointment, discharge, or removal of any guardian of a claimant of the veterans’ administration where such appointment, […]
§ 79.29 Admission and retention of mentally ill veterans. Whenever it appears that a mentally ill veteran of any war, military occupation or expedition is eligible for treatment in a United States veterans’ administration hospital or that a mentally ill seaman or other person is eligible for treatment in a United States public health service […]
§ 79.31 Discharge of guardian. (a) When a minor ward for whom a guardian has been appointed under the provisions of this article or other laws of this state shall have attained his or her majority, and if incompetent, shall be declared competent by the administration and the court, and when any incompetent ward, not […]
§ 79.33 Liberal construction. This article shall be construed liberally to secure the beneficial intents and purposes thereof.
§ 79.35 Uniformity of construction. This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
§ 79.37 Invalidity of part of article. The invalidity of any portion of this article shall not affect the validity of any other portion thereof which can be given effect without such invalid part.
§ 79.39 Recognition of veterans’ administration as a party in interest. (a) With respect to benefits from the administration or the income therefrom, the administrator of the United States veterans’ administration or his duly authorized attorney, for the purpose of bringing any action, or otherwise appearing, in behalf of a ward of the administration to […]
