Definitions

As used in this chapter, the term: (1) ‘‘Benefits’’ means all moneys paid or payable by the United States through the United States Department of Veterans Affairs. (2) ‘‘Department’’ means the United States Department of Veterans Affairs, its predecessors, or its successors. (3) ‘‘Estate’’ means income on hand and assets acquired partially or wholly with income. (4) ‘‘Income’’ means moneys received from the United States Department of Veterans Affairs and revenue or profit from any property wholly or partially acquired therewith. (5) ‘‘Person’’ means an individual, a partnership, a corporation, or an association. 737 29-7-3 (6) ‘‘Secretary’’ means the secretary of veterans affairs of the United States Department of Veterans Affairs or the secretary’s successor. (7) ‘‘VA guardian’’ means a person appointed pursuant to the provisions of this chapter. (8) ‘‘Ward’’ means a beneficiary of the United States Department of Veterans Affairs. (Code 1981, § 29-7-1, enacted by Ga. L. 2004, p. 161, § 1.) 29-7-2. Involvement of secretary in proceedings for appointment or discharge of VA guardian; jurisdiction; notification to United States Department of Veterans Affairs. (a) 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 a VA guardianship pursuant to this chapter shall be given by certified mail or statutory overnight delivery to the office of the department having jurisdiction over the area in which the ward resides. The notice shall include a copy of the petition or other pleadings and shall be given so as to arrive in due course of mailing not less than 15 days before the date of a hearing or other proceedings, unless otherwise provided in this chapter. (b) In any proceeding involving a guardianship or conservatorship established pursuant to any other chapter of this title, the office of the department having jurisdiction over the area in which the ward resides may, by giving written notice to the court having jurisdiction over such proceedings and to the guardian or conservator or proposed guardian or conservator, become a party in interest as to the guardianship or conservatorship or proposed guardianship or conservatorship and shall thereafter be entitled to notice as if a guardianship or conservatorship was originally established under this chapter. (c) The court shall mail to the department office a copy of each order entered in any VA guardianship or other guardianship or conservatorship proceeding wherein the secretary is an interested party. (Code 1981, § 29-7-2, enacted by Ga. L. 2004, p. 161, § 1.) 29-7-3. Requirement of secretary that guardian be appointed.