Title XXXIII, Administration of Trusts and Estates of Persons Under Disability

As used in this chapter: (1) The term "person" includes a partnership, corporation or an association. (2) The term "Veterans Affairs" means the United States Department of Veterans Affairs, its predecessors or successors. (3) The terms "estate" and "income" shall include only mon…

relating to estate of beneficiary -- Notice. The administrator of veterans affairs, or his successor, is and shall be a party in interest in any proceeding brought under any law of this state for the appointment of a guardian or conservator for any beneficiary, who is a minor or …

chapter. Whenever, pursuant to any law of the United States or regulation of the United States Department of Veterans Affairs, it is necessary, prior to payment of benefits, that a guardian or conservator be appointed for a minor or a mentally disabled beneficiary of the Veterans…

-- Exceptions. (1) Except as hereinafter provided, it shall be unlawful for any person to accept appointment as guardian or conservator of any minor or mentally disabled beneficiary of the Veterans Affairs if such proposed guardian or conservator shall at that time be acting as g…

appointed. (1) A petition for the appointment of a guardian or conservator for any minor or mentally disabled beneficiary of the Veterans Affairs may be filed in the court having jurisdiction by or on behalf of any person who under existing law is entitled to priority of appointm…

guardian. Where a petition is filed for the appointment of a guardian for a minor beneficiary of the Veterans Affairs, a certificate of the administrator of Veterans Affairs, or his authorized representative, accompanying such petition setting forth the age of such minor as shown…

guardian or conservator -- Guardian ad litem. Notwithstanding the provisions of existing law for adjudication of mental disability and appointment of a guardian or conservator upon the inquest of a jury, where a petition is filed for the appointment of a guardian or conservator f…

Upon the filing of a petition for the appointment of a guardian or conservator under the provisions of this chapter, notice shall be given in like manner as is provided under existing law.

(1) Before making an appointment under the provisions of this chapter, the court shall be satisfied that the person whose appointment is sought is a fit and proper person to be appointed. Upon the appointment being made, the guardian or conservator shall execute and file a bond t…

Department of Veterans Affairs -- Hearings. (1) Every guardian or conservator who shall receive on account of his ward any moneys from the Veterans Affairs, shall file with the court biennially, on the anniversary date of the appointment, in addition to such other accounts as may…

If any guardian or conservator shall fail to file with the court or the Veterans Affairs, as required by this chapter, any account of the benefits received by him from the Veterans Affairs on account of his ward within thirty (30) days after such account is due, or shall fail to …

Compensation payable to guardians or conservators shall not exceed five percent (5%) of the income of the ward during any year, but in no event shall the amount of such compensation be less than fifty dollars ($50) for each year. In the event of extraordinary services rendered by…

All funds in possession of such guardian or conservator shall be invested in such securities or other property in which the guardian or conservator has no interest, as allowed by law which investment shall be first approved by the court; except that investments in direct interest…

A guardian or conservator shall not apply any portion of the estate of his ward for the support and maintenance of any person other than said ward, his minor children and his spouse (if the spouse and the ward be living together) except upon petition to and prior order of the cou…

Department of Veterans Affairs without charge. Whenever a copy of any public record is required by the Veterans Affairs to be used in determining the eligibility of any person to participate in benefits made available by such Veterans Affairs, the official charged with the custod…

Upon filing a petition, or certificate, showing that a minor ward has attained majority, or that a mentally disabled ward has been rated competent upon examination in accordance with the law, the court may order the guardian or conservator to file a final account; and, upon heari…

Department of Veterans Affairs or other federal agency. (1) Whenever in a proceeding for the trial and commitment of any person who appears to be mentally disabled it is determined that such person is either an individual with an intellectual disability, an epileptic, or a mental…

This chapter shall be construed liberally to secure the beneficial intents and purposes thereof and shall apply only to beneficiaries of the Veterans Affairs. Effective:June 29, 2017

This chapter may be cited as the "Uniform Veterans' Guardianship Act."

All laws or parts of laws relating to beneficiaries of the Veterans Affairs inconsistent with this chapter are hereby repealed. Except where inconsistent with this chapter, the general guardianship laws of this state and the laws establishing the practice in such matters includin…

Affairs. The provisions of this chapter relating to surety bonds and the administration of estates of Veterans Affairs beneficiaries under guardianship shall apply to all such estates heretofore or hereafter created under the general laws of this state to the extent that such est…