As used in this chapter, the term: “Benefits” means all moneys paid or payable by the United States through the United States Department of Veterans Affairs. “Department” means the United States Department of Veterans Affairs, its predecessors, or its successors. “Estate” means income on hand and assets acquired partially or wholly with income. “Income” means […]
A bank or trust company doing business in this state shall not be required to file a bond for any VA guardianship unless required by the department. Any other person serving as a VA guardian shall execute and file a bond, to be approved by the court, in an amount not less than the sum […]
Every VA guardian shall invest the surplus funds of the 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 this state or of the […]
A VA guardian shall not apply any portion of the estate of the ward for the support, maintenance, or education of any person other than the ward, the ward’s spouse, and the children of the ward who are legally dependent on the ward, except upon order of the court after a hearing, notice of which […]
Every VA guardian shall file with the court annually, in the same manner as provided under the general law for conservators, a full, true, and accurate accounting, on oath, of all moneys received by the VA guardian and disbursements of all moneys, showing the balance in the VA guardian’s hands at the date of the […]
If any VA guardian fails to file the accounting required by Code Section 29-7-13, the failure shall be grounds for removal. If any VA guardian fails to file any accounting within 30 days after demand is made by the court to do so, the court shall notify the surety for the VA guardian of the […]
As compensation for service, a VA guardian shall earn a commission of 5 percent on all income of the ward coming into the VA guardian’s hands during any months while the VA guardian serves. If the ward receives at least $350.00 per month, the minimum fee shall be $35.00 per month. In the event the […]
A VA guardian, upon filing a petition and making satisfactory accounting, shall be discharged when the ward dies, reaches the age of majority, or is declared competent by the department or the court. A county guardian who ceases to serve as county guardian continues to serve as a VA guardian at the pleasure of the […]
Except where inconsistent with this chapter, the general guardianship and conservatorship laws of this state and the laws establishing the practice in such matters, including the rights of appeal, shall be applicable to wards and their estates governed by this chapter. History. Code 1981, § 29-7-17 , enacted by Ga. L. 2004, p. 161, § […]
This chapter shall be construed liberally to secure the beneficial intents and purposes thereof and shall apply only to beneficiaries of the department who are entitled to benefits from the department. History. Code 1981, § 29-7-18 , enacted by Ga. L. 2004, p. 161, § 1.
The secretary shall be a party in interest in any proceedings for the appointment or discharge of a VA guardian and in any proceedings involving the administration of the estate of the ward. Written notice of the time and place for hearing on any petition or pleading or in connection with any proceeding pertaining to […]
Whenever, pursuant to any law of the United States or regulation of the department, the secretary requires, prior to payment of benefits, that a VA guardian be appointed for a ward, the appointment shall be made in the manner provided in this chapter. History. Code 1981, § 29-7-3 , enacted by Ga. L. 2004, p. […]
Where a petition is filed for the appointment of a VA guardian for a mentally incompetent ward, a certificate of the secretary or the secretary’s duly authorized representative stating that such individual has been rated incompetent by the department on examination in accordance with the laws and regulations governing the department and that the appointment […]
Where a petition is filed for the appointment of a VA guardian for a minor, a certificate of the secretary or the secretary’s authorized representative setting forth the age of the minor as shown by the records of the department and the fact that the appointment of a VA guardian is a condition precedent to […]
Upon a petition for the appointment of a VA guardian, notice shall be given to the department office having jurisdiction over the area in which the ward resides, to the proposed ward, and to two adult relatives of the proposed ward by certified mail or statutory overnight delivery by the court. If two adult relatives […]
A petition for the appointment of a VA guardian may be filed in the court having jurisdiction by or on behalf of the department or any person designated by the secretary or the secretary’s representative. The petition shall set forth: The name, age, and place of residence of the ward; The names and places of […]
Before making an appointment under this chapter, the court hearing the petition shall be satisfied that the VA guardian whose appointment is sought is a fit and proper person to be appointed. The nomination of a person by the department shall be prima-facie evidence of the person’s fitness. A qualified individual shall ordinarily be preferred […]
The following persons and entities may serve as VA guardians subject to the restrictions listed: An individual deemed fit and proper by the court may be a VA guardian of that individual’s children, parents, and grandparents without limitation; A bank or trust company doing business in this state may serve as a VA guardian under […]
