Title 33, Title 33 Practice and Procedure

Where a petition is filed for the appointment of a guardian for a minor, a certificate of the administrator or his or her authorized representative, setting forth the age of the minor as shown by the records of the veterans administration, and the fact that the appointment of a g…

Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator or his or her duly authorized representative, that the person has been rated incompetent by the veterans administration on examination in accordance wit…

(a) Upon the filing of a petition for the appointment of a guardian under this chapter, notice shall be given to the ward, to any other persons, and in any manner as is provided by the general law of this state, and also to the veterans administration as provided by this chapter.…

Upon the appointment of a guardian, he or she shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the ward during the ensuing year. The bond shall be in the form and be condition…

Where a bond is tendered by a guardian with personal sureties, there shall be at least two (2) sureties and they shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall state that each is worth the sum named in…

Every guardian, who has received or shall receive on account of his or her ward any money or other thing of value from the veterans administration shall file with the court annually, in addition to any other accounts as may be required by the court, a full, true, and accurate acc…

The guardian, at the time of filing any account, shall exhibit all securities or investments held by him or her to an officer of the bank or other depository wherein the securities or investments are held for safekeeping, or to an authorized representative of the corporation whic…

At the time of filing in the court any account, a certified copy of the account 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 locat…

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 bene…

If any guardian shall fail to file with the court any account as required by this chapter, or by an order of the court, when any account is due or within thirty (30) days after a citation issues as provided by law, or shall fail to furnish the veterans administration a true copy …

As used in this chapter: (1) “Administrator” means the administrator of veterans affairs of the United States or his or her successor. (2) “Benefits” means all money paid or payable by the United States through the veterans administration. (3) “Conservator” shall mean any person …

Compensation payable to guardians shall be based upon services rendered and shall not exceed five percent (5%) of the amount of money received during the period covered by the account. In the event of extraordinary services by any guardian, the court, upon petition and hearing, m…

Every guardian shall invest the surplus funds of his or her ward’s estate in 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 unconditiona…

A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the ward, the spouse and the minor children of the ward, except upon petition to the probate court and prior order thereon after a hearing. A signed duplicat…

(a) The court may authorize the purchase of the entire fee simple title or the entire equity of redemption to real estate in this state in which the guardian has no interest, but only as a home for the ward, or to protect his or her interest, or as a home for his or her dependent…

When a copy of any public record is required by the veterans administration to be used in determining the eligibility of any person to participate in benefits made available by the veterans administration, the official custodian of the public record shall, without charge, provide…

In addition to any other provisions of law relating to judicial restoration and discharge of a guardian, a certificate by the veterans administration showing that a minor ward has attained majority, or that an incompetent ward has been rated competent by the veterans administrati…

Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his or her proper care, it is determined after adjudication of the status of the person…

Upon commitment, a person, when admitted to any facility operated by any federal agency within or outside of this state, shall be subject to the rules and regulations of the veterans administration or other agency. The chief officer of any facility of the veterans administration …

The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia committing a person to the veterans administration, or other agency of the United States government for care or treatment shall have the same force and effect …

Upon receipt of a certificate of the veterans administration or other agency of the United States that facilities are available for the care or treatment of any person theretofore committed to any hospital or other institution for the care or treatment of persons with mental illn…

The administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian, or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the gu…

Any person transferred as provided in § 33-16-29 shall be deemed to be committed to the veterans administration or other agency of the United States pursuant to the original commitment.

Upon the written application of the parent, guardian, relative or friend of any person, accompanied by the certificate of two (2) practicing physicians, registered in the state, that the person is insane, the veterans administration or other agency of the United States government…

Except where inconsistent with this chapter, laws of this state relating to guardian, ward, and the judicial practice relating thereto, including the right to trial by jury and the right of appeal, shall be applicable to beneficiaries and their estates.

The provisions of this chapter relating to surety bonds and the administration of estates of wards shall apply to all “income” and “estate” as defined in § 33-16-2, whether the guardian shall have been appointed under this chapter or under any other law of this state, special or …

This chapter shall be construed to make uniform the law of those states which enact it.

If any provision of this chapter or application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provi…

Whenever, pursuant to any law of the United States or regulation of the veterans administration, it is necessary, prior to the payment of benefits, that a guardian be appointed, the appointment may be made in the manner provided in this chapter.

No person other than a bank or trust company shall be a guardian of more than five (5) wards at one time, unless all the wards are members of one family. Upon presentation of a petition by an attorney of the veterans administration, or other interested person, alleging that a gua…

A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file a petition. If there is no person so authorized or if the person so authorized refuses or fails to file a petition within thirty (30) …

The petition for appointment shall set forth the name, age, place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that the ward is entitled to receive benefits payable by or through the veterans administration and shall se…

The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward and the name, age, relationship, if any, occupation and address of the proposed guardian, and if the nominee is a natural person, the number of wards for…

In the case of a mentally incompetent ward, the petition shall show if this be the fact, that the ward has been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing the veterans administration.

Every executor, administrator, and guardian, before entering upon the execution of his or her trust, shall give bond to the probate court in any sum as it shall require, with sufficient surety or sureties, and with condition, except as provided in §§ 33-17-3 and 33-17-4, substant…

(a) No surety shall be required on any bond, including surety on a bond for the sale of real estate, of an administrator of the estate of a person who died intestate, when the administrator is the surviving spouse or the sole heir of the decedent, or when the administrator is an …

(a) No surety shall be required on any bond of a guardian of the person and/or estate when the guardian is the spouse, parent, child, brother, sister, or other heir at law of the ward if the guardian demonstrates to the satisfaction of the probate court that circumstances warrant…

(a) If a bond given to a probate court is insufficient either in amount or security, the court shall require further bond, surety, or sureties of the executor, administrator, or guardian, and on his or her neglect or refusal to give further bond or sureties within the time fixed …

A probate court, for cause shown, may cancel the bond of an executor, administrator, or guardian so as to relieve the principal and sureties for any breach thereafter committed, and may take and accept a new and sufficient bond in its stead.

Upon a bond taken by a probate court, the surety, or his or her heirs, executors, or administrators, may at any time make written application to the court for relief from further liability on the bond, and thereupon the court shall cause reasonable notice of the application to be…

A surety, or any other person interested in a probate bond, may at any time make written application to the court for an order requiring the principal to exhibit fully before the court the condition of the estate held by him or her, so that it may be ascertained whether or not th…

Every person interested in a bond given to a probate court shall be entitled to a copy of the bond on payment of the fee therefor, and to sue on the bond in the name of the court to which the bond is given.

The writ, in addition to the usual indorsement of the name of the plaintiff and attorney, if there be one, shall also have written thereon the name or names of the person or persons for whose benefit the suit is brought, who shall give surety for costs as in other cases, and agai…

If a suit is brought by a creditor of the deceased person, he or she shall show: (1) That his or her claim has been duly filed; (2) That his or her claim has not been disallowed by the executor or administrator, or has been established by commissioners, or by judgment; and (3) Th…

If any executor or administrator shall neglect or refuse to raise money out of the estate by collecting debts due or by selling the personal estate, or the real estate, if need be, and has power, or can obtain leave, to sell the same, or shall neglect or refuse to pay over what h…

If the suit be brought by a distributee for his or her part of the personal estate, he or she shall exhibit a copy of the decree of the probate court, ascertaining its amount, and prove that he or she has made a demand therefor upon the administrator.