Thisact may be cited as the "Uniform Veterans' Guardianship Act".
3-6-102. Definitions.
(a) As used in this act:
(i) The term "person" includes a partnership,corporation or an association;
(ii) The term "bureau" means the United Statesveterans' bureau or its successor;
(iii) The terms "estate" and "income" shallinclude only moneys received by the guardian from the bureau and all earnings,interest and profits derived therefrom;
(iv) The term "benefits" shall mean all moneys payableby the United States through the bureau;
(v) The term "director" means the director of theUnited States veterans' bureau or his successor;
(vi) The term "ward" means a beneficiary of thebureau;
(vii) The term "guardian" as used herein shall mean anyperson acting as a fiduciary for a ward.
3-6-103. Appointment, confirmation or removal of guardian;administrator of veterans' affairs party in interest.
(a) Whenever, pursuant to any law of the United States orregulation of the bureau, the director requires, prior to payment of benefits,that a guardian be appointed for a ward, such appointment shall be made in themanner hereinafter provided.
(b) The administrator of veterans' affairs, or his successor,is and shall be a party in interest in any proceeding, heretofore or hereafterbrought under the Uniform Veterans' Guardianship Act of this state for theappointment, confirmation, or removal of any guardian of the person or estate,or of both, of a minor, or insane or other mentally incompetent person, to whomor in whose behalf benefits have been paid or are payable by the veterans'administration or its predecessors or successors, and in any suit or otherproceeding arising out of the administration of such person's estate, or inwhich the purpose thereof is to remove the disability of minority or of mentalincompetency of such person.
3-6-104. Guardian limited to 5 wards; exceptions.
(a) Except as hereinafter provided it shall be unlawful for anyperson to accept appointment as guardian of any ward if such proposed guardianshall at that time be acting as guardian for five (5) wards. In any case, uponpresentation of a petition by an attorney of the bureau under this sectionalleging that a guardian is acting in a fiduciary capacity for more than five(5) wards and requesting his discharge for that reason, the court, upon proofsubstantiating the petition, shall require a final accounting forthwith fromsuch guardian and shall discharge such guardian in said case.
(b) The limitations of this section shall not apply where theguardian is a bank or trust company acting for the wards' estates only. Anindividual may be guardian of more than five (5) wards if they are all membersof the same family.
3-6-105. Petition for appointment of guardian; contents thereof.
(a) A petition for the appointment of a guardian may be filedin any court of competent jurisdiction by or on behalf of any person who underexisting law is entitled to priority of appointment. If there be no person soentitled or if the person so entitled shall neglect or refuse to file such apetition within thirty (30) days after mailing of notice by the bureau to thelast known address of such person indicating the necessity for the same apetition for such appointment may be filed in any court of competentjurisdiction by or on behalf of any responsible person residing in this state.
(b) The petition for appointment shall set forth the name, age,place of residence of the ward, the names and places of residence of thenearest relatives, if known, and the fact that such ward is entitled to receivemoneys payable by or through the bureau and shall set forth the amount ofmoneys then due and the amount of probable future payments.
(c) The petition shall also set forth the name and address ofthe person or institution, if any, having actual custody of the ward.
(d) In the case of a mentally incompetent ward the petitionshall show that such ward has been rated incompetent on examination by thebureau in accordance with the laws and regulations governing the bureau.
3-6-106. Prima facie evidence of necessity for appointment;certificate of minor's age and that appointment condition precedent topayments.
Wherea petition is filed for the appointment of a guardian of a minor ward acertificate of the director, or his representative, setting forth the age ofsuch minor as shown by the records of the bureau and the fact that theappointment of a guardian is a condition precedent to the payment of any moneysdue the minor by the bureau, shall be prima facie evidence of the necessity forsuch appointment.
3-6-107. Prima facie evidence of necessity for appointment;certificate of incompetency and that appointment condition precedent topayments.
Wherea petition is filed for the appointment of a guardian of a mentally incompetentward a certificate of the director, or his representative, setting forth thefact that such person has been rated incompetent by the bureau on examinationin accordance with the laws and regulations governing such bureau, and that theappointment of a guardian is a condition precedent to the payment of any moneysdue such person by the bureau, shall be prima facie evidence of the necessityfor such appointment.
3-6-108. Notice upon filing of petition.
Uponthe filing of a petition for the appointment of a guardian, under theprovisions of this act, the court shall cause such notice to be given asprovided by law.
3-6-109. Guardian to be fit and proper person; bond required.
Beforemaking appointment under the provisions of this act the court shall besatisfied that the guardian whose appointment is sought is a fit and properperson to be appointed. Upon the appointment being made the guardian shallexecute and file a bond to be approved by the court in an amount not less thanthe sum then due and estimated to become payable during the ensuing year. Thesaid bond shall be in the form and be conditioned as required of guardiansappointed under the guardianship laws of this state. The court shall have powerfrom time to time to require the guardian to file an additional bond. Where abond is tendered by a guardian with personal sureties, such sureties shall filewith the court a certificate under oath which shall describe the propertyowned, both real and personal, and that they are each worth the sum named inthe bond as the penalty thereof over and above all their debts and liabilitiesand exclusive of property exempt from execution.
3-6-110. Annual accounting; copy of accounts and pleadings to befiled with bureau; notice of hearing; administration of property from othersources.
(a) Every guardian, who has received or shall receive onaccount of his ward, any moneys from the veterans' administration, itspredecessors or successor, shall file with the court annually, on theanniversary date of the appointment, in addition to such other accounts as maybe required by the court, a full, true, and accurate account under oath, of allmoneys so received by him, of all disbursements thereof, and showing thebalance thereof in his hands at the date of such account and how invested. Acertified copy of each of such accounts filed with the court shall be sent bythe guardian to the office of the veterans' administration having jurisdictionover the area in which such court is located. A duplicate signed copy orcertified copy of any petition, motion, or other pleading which is filed in theguardianship proceedings, or in any proceeding for the purpose of removing thedisability of minority or of mental incompetency, shall be furnished by theperson filing the same, to the office of the veterans' administrationconcerned. The court shall fix a time and place for the hearing on suchaccount, petition, or other pleading, not less than fifteen (15) days nor morethan thirty (30) days from the date of filing same, and notice thereof shall begiven by the court to the aforesaid veterans' administration office not lessthan fifteen (15) days prior to the date fixed for the hearing. Notice of suchhearing shall in like manner be given to the guardian.
(b) Any guardian appointed under this act shall be accountablefor property derived from sources other than the veterans' administration andshall be accountable as is or may be required under the applicable law of thisstate pertaining to the property of minors or persons of unsound mind who arenot beneficiaries of the veterans' administration; provided, however, that hemay at his option administer the same as provided in this act and include anaccounting for such assets and income in the same account required with respectto assets derived from the veterans' administration, and if so included, theprocedure with respect thereto shall be that hereinabove prescribed.
3-6-111. Removal for failure to file accounts.
Ifany guardian shall fail to file any account of the moneys received by him fromthe bureau on account of his ward within thirty (30) days after such account isrequired by either the court or the bureau, or shall fail to furnish the bureaua copy of his accounts as required by this act, such failure shall be groundsfor removal.
3-6-112. Compensation of guardian.
Compensationpayable to guardian shall not exceed five percent (5%) of the income of theward during any year. In the event of extraordinary services rendered by suchguardian the court may, upon petition and after hearing thereon, authorizeadditional compensation therefor payable from the estate of the ward. Notice ofsuch petition and hearing shall be given the proper office in the bureau in themanner provided in W.S. 3-6-110. No compensation shall be allowed on the corpusof an estate received from a preceding guardian. The guardian may be allowedfrom the estate of his ward reasonable premiums paid by him to any corporatesurety upon his bond.
3-6-113. Investment of surplus money; notice to bureau.
(a) It shall be the duty of such guardians to invest and keepinvested their ward's surplus money, but only in the securities or otherproperty, and in the manner hereinafter indicated, and in which securities orother property the guardian has no interest. The investments, except thoseprovided in paragraphs (i) and (ii) of this subsection hereof, shall be madeonly upon the prior approval of the court, after notice to the veterans'administration as provided in W.S. 3-6-110, as amended:
(i) Direct obligations of this state and of the United Statesgovernment, and obligations, the interest and principal of which are bothunconditionally guaranteed by the United States government;
(ii) The bonds of this state or of any other state, or anycounty, school districts, city, or town in the United States with a populationof not less than one thousand (1,000) inhabitants; and where the laws do notpermit such counties, cities, school districts, or towns to become indebted inexcess of six percent (6%) of the assessed valuation of property for taxationtherein, and where the total indebtedness of such county, school districts,city, or municipality, does not exceed six percent (6%) of the assessedvaluation of property for taxation at the time of such investment: providedalways, there has been no default for more than thirty (30) days during thepreceding ten (10) years upon any bonds of the issuing state, county, city or town;
(iii) In the legally issued notes of the owner of the fee simpletitle to improved, unencumbered real property located in this state secured byfirst mortgage or deed of trust thereon: provided, that the total debt securedby such encumbrances shall not exceed sixty percent (60%) of the actual cashvalue of such real property at the time of such investment unless such loan beinsured and while held by the guardian remain insured, by the federal housingadministrator in accordance with the National Housing Act;
(iv) In the entire fee simple title to real estate or lease ofreal estate in this state and the purchase of all necessary equipment, but onlyas a home for the ward, or as a home for his dependent family, or torehabilitate the ward, or to protect his interests. Such purchase or lease ofreal estate or other investment provided in this paragraph shall not be madeexcept upon the entry of an order of the court after hearing upon verifiedpetition. Notice of such hearing shall be given the veterans' administration asprovided in W.S. 3-6-110, as amended. Title shall be taken in the ward's name.This paragraph shall not be construed to limit the right of the guardian, onbehalf of his ward, to bid and to become the purchaser of real estate at a salethereof pursuant to decree of foreclosure of a lien held by or for the ward, orat a tax or a trustee's sale, to protect the ward's right in the property soforeclosed or sold, or at a sale under partition decree, if necessary toprotect the ward's interest in such property.
3-6-114. Support and maintenance of persons other than ward.
Aguardian shall not apply any portion of the estate of his ward for the supportand maintenance of any person other than his ward, except upon order of thecourt after a hearing, notice of which has been given the proper office of thebureau in the manner provided in W.S. 3-6-110.
3-6-115. Certified copies of public records.
Whenevera copy of any public record is required by the bureau to be used in determiningthe eligibility of any person to participate in benefits made available by suchbureau, the official charged with the custody of such public record shallwithout charge provide the applicant for such benefits or any person acting onhis behalf or the representative of such bureau with a certified copy of suchrecord.
3-6-116. Repealed by Laws 1981, Sp. Sess., ch. 24, 2.
3-6-117. Discharge of guardian.
Whena minor ward for whom a guardian has been appointed under the provisions ofthis act or other laws of this state shall have attained his or her majority,and if incompetent shall be declared competent by the bureau and the court, andwhen any incompetent ward, not a minor, shall be declared competent by saidbureau and the court, the guardian shall upon making a satisfactory accountingbe discharged upon a petition filed for that purpose.
3-6-118. Construction and applicability.
Thisact shall be construed liberally to secure the beneficial intents and purposesthereof, and shall apply only to beneficiaries of the bureau.
3-6-119. Interpretation.
Thisact shall be so interpreted and construed as to effectuate its general purposeto make uniform the law of those states which enact it.
Thisact may be cited as the "Uniform Veterans' Guardianship Act".
3-6-102. Definitions.
(a) As used in this act:
(i) The term "person" includes a partnership,corporation or an association;
(ii) The term "bureau" means the United Statesveterans' bureau or its successor;
(iii) The terms "estate" and "income" shallinclude only moneys received by the guardian from the bureau and all earnings,interest and profits derived therefrom;
(iv) The term "benefits" shall mean all moneys payableby the United States through the bureau;
(v) The term "director" means the director of theUnited States veterans' bureau or his successor;
(vi) The term "ward" means a beneficiary of thebureau;
(vii) The term "guardian" as used herein shall mean anyperson acting as a fiduciary for a ward.
3-6-103. Appointment, confirmation or removal of guardian;administrator of veterans' affairs party in interest.
(a) Whenever, pursuant to any law of the United States orregulation of the bureau, the director requires, prior to payment of benefits,that a guardian be appointed for a ward, such appointment shall be made in themanner hereinafter provided.
(b) The administrator of veterans' affairs, or his successor,is and shall be a party in interest in any proceeding, heretofore or hereafterbrought under the Uniform Veterans' Guardianship Act of this state for theappointment, confirmation, or removal of any guardian of the person or estate,or of both, of a minor, or insane or other mentally incompetent person, to whomor in whose behalf benefits have been paid or are payable by the veterans'administration or its predecessors or successors, and in any suit or otherproceeding arising out of the administration of such person's estate, or inwhich the purpose thereof is to remove the disability of minority or of mentalincompetency of such person.
3-6-104. Guardian limited to 5 wards; exceptions.
(a) Except as hereinafter provided it shall be unlawful for anyperson to accept appointment as guardian of any ward if such proposed guardianshall at that time be acting as guardian for five (5) wards. In any case, uponpresentation of a petition by an attorney of the bureau under this sectionalleging that a guardian is acting in a fiduciary capacity for more than five(5) wards and requesting his discharge for that reason, the court, upon proofsubstantiating the petition, shall require a final accounting forthwith fromsuch guardian and shall discharge such guardian in said case.
(b) The limitations of this section shall not apply where theguardian is a bank or trust company acting for the wards' estates only. Anindividual may be guardian of more than five (5) wards if they are all membersof the same family.
3-6-105. Petition for appointment of guardian; contents thereof.
(a) A petition for the appointment of a guardian may be filedin any court of competent jurisdiction by or on behalf of any person who underexisting law is entitled to priority of appointment. If there be no person soentitled or if the person so entitled shall neglect or refuse to file such apetition within thirty (30) days after mailing of notice by the bureau to thelast known address of such person indicating the necessity for the same apetition for such appointment may be filed in any court of competentjurisdiction by or on behalf of any responsible person residing in this state.
(b) The petition for appointment shall set forth the name, age,place of residence of the ward, the names and places of residence of thenearest relatives, if known, and the fact that such ward is entitled to receivemoneys payable by or through the bureau and shall set forth the amount ofmoneys then due and the amount of probable future payments.
(c) The petition shall also set forth the name and address ofthe person or institution, if any, having actual custody of the ward.
(d) In the case of a mentally incompetent ward the petitionshall show that such ward has been rated incompetent on examination by thebureau in accordance with the laws and regulations governing the bureau.
3-6-106. Prima facie evidence of necessity for appointment;certificate of minor's age and that appointment condition precedent topayments.
Wherea petition is filed for the appointment of a guardian of a minor ward acertificate of the director, or his representative, setting forth the age ofsuch minor as shown by the records of the bureau and the fact that theappointment of a guardian is a condition precedent to the payment of any moneysdue the minor by the bureau, shall be prima facie evidence of the necessity forsuch appointment.
3-6-107. Prima facie evidence of necessity for appointment;certificate of incompetency and that appointment condition precedent topayments.
Wherea petition is filed for the appointment of a guardian of a mentally incompetentward a certificate of the director, or his representative, setting forth thefact that such person has been rated incompetent by the bureau on examinationin accordance with the laws and regulations governing such bureau, and that theappointment of a guardian is a condition precedent to the payment of any moneysdue such person by the bureau, shall be prima facie evidence of the necessityfor such appointment.
3-6-108. Notice upon filing of petition.
Uponthe filing of a petition for the appointment of a guardian, under theprovisions of this act, the court shall cause such notice to be given asprovided by law.
3-6-109. Guardian to be fit and proper person; bond required.
Beforemaking appointment under the provisions of this act the court shall besatisfied that the guardian whose appointment is sought is a fit and properperson to be appointed. Upon the appointment being made the guardian shallexecute and file a bond to be approved by the court in an amount not less thanthe sum then due and estimated to become payable during the ensuing year. Thesaid bond shall be in the form and be conditioned as required of guardiansappointed under the guardianship laws of this state. The court shall have powerfrom time to time to require the guardian to file an additional bond. Where abond is tendered by a guardian with personal sureties, such sureties shall filewith the court a certificate under oath which shall describe the propertyowned, both real and personal, and that they are each worth the sum named inthe bond as the penalty thereof over and above all their debts and liabilitiesand exclusive of property exempt from execution.
3-6-110. Annual accounting; copy of accounts and pleadings to befiled with bureau; notice of hearing; administration of property from othersources.
(a) Every guardian, who has received or shall receive onaccount of his ward, any moneys from the veterans' administration, itspredecessors or successor, shall file with the court annually, on theanniversary date of the appointment, in addition to such other accounts as maybe required by the court, a full, true, and accurate account under oath, of allmoneys so received by him, of all disbursements thereof, and showing thebalance thereof in his hands at the date of such account and how invested. Acertified copy of each of such accounts filed with the court shall be sent bythe guardian to the office of the veterans' administration having jurisdictionover the area in which such court is located. A duplicate signed copy orcertified copy of any petition, motion, or other pleading which is filed in theguardianship proceedings, or in any proceeding for the purpose of removing thedisability of minority or of mental incompetency, shall be furnished by theperson filing the same, to the office of the veterans' administrationconcerned. The court shall fix a time and place for the hearing on suchaccount, petition, or other pleading, not less than fifteen (15) days nor morethan thirty (30) days from the date of filing same, and notice thereof shall begiven by the court to the aforesaid veterans' administration office not lessthan fifteen (15) days prior to the date fixed for the hearing. Notice of suchhearing shall in like manner be given to the guardian.
(b) Any guardian appointed under this act shall be accountablefor property derived from sources other than the veterans' administration andshall be accountable as is or may be required under the applicable law of thisstate pertaining to the property of minors or persons of unsound mind who arenot beneficiaries of the veterans' administration; provided, however, that hemay at his option administer the same as provided in this act and include anaccounting for such assets and income in the same account required with respectto assets derived from the veterans' administration, and if so included, theprocedure with respect thereto shall be that hereinabove prescribed.
3-6-111. Removal for failure to file accounts.
Ifany guardian shall fail to file any account of the moneys received by him fromthe bureau on account of his ward within thirty (30) days after such account isrequired by either the court or the bureau, or shall fail to furnish the bureaua copy of his accounts as required by this act, such failure shall be groundsfor removal.
3-6-112. Compensation of guardian.
Compensationpayable to guardian shall not exceed five percent (5%) of the income of theward during any year. In the event of extraordinary services rendered by suchguardian the court may, upon petition and after hearing thereon, authorizeadditional compensation therefor payable from the estate of the ward. Notice ofsuch petition and hearing shall be given the proper office in the bureau in themanner provided in W.S. 3-6-110. No compensation shall be allowed on the corpusof an estate received from a preceding guardian. The guardian may be allowedfrom the estate of his ward reasonable premiums paid by him to any corporatesurety upon his bond.
3-6-113. Investment of surplus money; notice to bureau.
(a) It shall be the duty of such guardians to invest and keepinvested their ward's surplus money, but only in the securities or otherproperty, and in the manner hereinafter indicated, and in which securities orother property the guardian has no interest. The investments, except thoseprovided in paragraphs (i) and (ii) of this subsection hereof, shall be madeonly upon the prior approval of the court, after notice to the veterans'administration as provided in W.S. 3-6-110, as amended:
(i) Direct obligations of this state and of the United Statesgovernment, and obligations, the interest and principal of which are bothunconditionally guaranteed by the United States government;
(ii) The bonds of this state or of any other state, or anycounty, school districts, city, or town in the United States with a populationof not less than one thousand (1,000) inhabitants; and where the laws do notpermit such counties, cities, school districts, or towns to become indebted inexcess of six percent (6%) of the assessed valuation of property for taxationtherein, and where the total indebtedness of such county, school districts,city, or municipality, does not exceed six percent (6%) of the assessedvaluation of property for taxation at the time of such investment: providedalways, there has been no default for more than thirty (30) days during thepreceding ten (10) years upon any bonds of the issuing state, county, city or town;
(iii) In the legally issued notes of the owner of the fee simpletitle to improved, unencumbered real property located in this state secured byfirst mortgage or deed of trust thereon: provided, that the total debt securedby such encumbrances shall not exceed sixty percent (60%) of the actual cashvalue of such real property at the time of such investment unless such loan beinsured and while held by the guardian remain insured, by the federal housingadministrator in accordance with the National Housing Act;
(iv) In the entire fee simple title to real estate or lease ofreal estate in this state and the purchase of all necessary equipment, but onlyas a home for the ward, or as a home for his dependent family, or torehabilitate the ward, or to protect his interests. Such purchase or lease ofreal estate or other investment provided in this paragraph shall not be madeexcept upon the entry of an order of the court after hearing upon verifiedpetition. Notice of such hearing shall be given the veterans' administration asprovided in W.S. 3-6-110, as amended. Title shall be taken in the ward's name.This paragraph shall not be construed to limit the right of the guardian, onbehalf of his ward, to bid and to become the purchaser of real estate at a salethereof pursuant to decree of foreclosure of a lien held by or for the ward, orat a tax or a trustee's sale, to protect the ward's right in the property soforeclosed or sold, or at a sale under partition decree, if necessary toprotect the ward's interest in such property.
3-6-114. Support and maintenance of persons other than ward.
Aguardian shall not apply any portion of the estate of his ward for the supportand maintenance of any person other than his ward, except upon order of thecourt after a hearing, notice of which has been given the proper office of thebureau in the manner provided in W.S. 3-6-110.
3-6-115. Certified copies of public records.
Whenevera copy of any public record is required by the bureau to be used in determiningthe eligibility of any person to participate in benefits made available by suchbureau, the official charged with the custody of such public record shallwithout charge provide the applicant for such benefits or any person acting onhis behalf or the representative of such bureau with a certified copy of suchrecord.
3-6-116. Repealed by Laws 1981, Sp. Sess., ch. 24, 2.
3-6-117. Discharge of guardian.
Whena minor ward for whom a guardian has been appointed under the provisions ofthis act or other laws of this state shall have attained his or her majority,and if incompetent shall be declared competent by the bureau and the court, andwhen any incompetent ward, not a minor, shall be declared competent by saidbureau and the court, the guardian shall upon making a satisfactory accountingbe discharged upon a petition filed for that purpose.
3-6-118. Construction and applicability.
Thisact shall be construed liberally to secure the beneficial intents and purposesthereof, and shall apply only to beneficiaries of the bureau.
3-6-119. Interpretation.
Thisact shall be so interpreted and construed as to effectuate its general purposeto make uniform the law of those states which enact it.
Thisact may be cited as the "Uniform Veterans' Guardianship Act".
3-6-102. Definitions.
(a) As used in this act:
(i) The term "person" includes a partnership,corporation or an association;
(ii) The term "bureau" means the United Statesveterans' bureau or its successor;
(iii) The terms "estate" and "income" shallinclude only moneys received by the guardian from the bureau and all earnings,interest and profits derived therefrom;
(iv) The term "benefits" shall mean all moneys payableby the United States through the bureau;
(v) The term "director" means the director of theUnited States veterans' bureau or his successor;
(vi) The term "ward" means a beneficiary of thebureau;
(vii) The term "guardian" as used herein shall mean anyperson acting as a fiduciary for a ward.
3-6-103. Appointment, confirmation or removal of guardian;administrator of veterans' affairs party in interest.
(a) Whenever, pursuant to any law of the United States orregulation of the bureau, the director requires, prior to payment of benefits,that a guardian be appointed for a ward, such appointment shall be made in themanner hereinafter provided.
(b) The administrator of veterans' affairs, or his successor,is and shall be a party in interest in any proceeding, heretofore or hereafterbrought under the Uniform Veterans' Guardianship Act of this state for theappointment, confirmation, or removal of any guardian of the person or estate,or of both, of a minor, or insane or other mentally incompetent person, to whomor in whose behalf benefits have been paid or are payable by the veterans'administration or its predecessors or successors, and in any suit or otherproceeding arising out of the administration of such person's estate, or inwhich the purpose thereof is to remove the disability of minority or of mentalincompetency of such person.
3-6-104. Guardian limited to 5 wards; exceptions.
(a) Except as hereinafter provided it shall be unlawful for anyperson to accept appointment as guardian of any ward if such proposed guardianshall at that time be acting as guardian for five (5) wards. In any case, uponpresentation of a petition by an attorney of the bureau under this sectionalleging that a guardian is acting in a fiduciary capacity for more than five(5) wards and requesting his discharge for that reason, the court, upon proofsubstantiating the petition, shall require a final accounting forthwith fromsuch guardian and shall discharge such guardian in said case.
(b) The limitations of this section shall not apply where theguardian is a bank or trust company acting for the wards' estates only. Anindividual may be guardian of more than five (5) wards if they are all membersof the same family.
3-6-105. Petition for appointment of guardian; contents thereof.
(a) A petition for the appointment of a guardian may be filedin any court of competent jurisdiction by or on behalf of any person who underexisting law is entitled to priority of appointment. If there be no person soentitled or if the person so entitled shall neglect or refuse to file such apetition within thirty (30) days after mailing of notice by the bureau to thelast known address of such person indicating the necessity for the same apetition for such appointment may be filed in any court of competentjurisdiction by or on behalf of any responsible person residing in this state.
(b) The petition for appointment shall set forth the name, age,place of residence of the ward, the names and places of residence of thenearest relatives, if known, and the fact that such ward is entitled to receivemoneys payable by or through the bureau and shall set forth the amount ofmoneys then due and the amount of probable future payments.
(c) The petition shall also set forth the name and address ofthe person or institution, if any, having actual custody of the ward.
(d) In the case of a mentally incompetent ward the petitionshall show that such ward has been rated incompetent on examination by thebureau in accordance with the laws and regulations governing the bureau.
3-6-106. Prima facie evidence of necessity for appointment;certificate of minor's age and that appointment condition precedent topayments.
Wherea petition is filed for the appointment of a guardian of a minor ward acertificate of the director, or his representative, setting forth the age ofsuch minor as shown by the records of the bureau and the fact that theappointment of a guardian is a condition precedent to the payment of any moneysdue the minor by the bureau, shall be prima facie evidence of the necessity forsuch appointment.
3-6-107. Prima facie evidence of necessity for appointment;certificate of incompetency and that appointment condition precedent topayments.
Wherea petition is filed for the appointment of a guardian of a mentally incompetentward a certificate of the director, or his representative, setting forth thefact that such person has been rated incompetent by the bureau on examinationin accordance with the laws and regulations governing such bureau, and that theappointment of a guardian is a condition precedent to the payment of any moneysdue such person by the bureau, shall be prima facie evidence of the necessityfor such appointment.
3-6-108. Notice upon filing of petition.
Uponthe filing of a petition for the appointment of a guardian, under theprovisions of this act, the court shall cause such notice to be given asprovided by law.
3-6-109. Guardian to be fit and proper person; bond required.
Beforemaking appointment under the provisions of this act the court shall besatisfied that the guardian whose appointment is sought is a fit and properperson to be appointed. Upon the appointment being made the guardian shallexecute and file a bond to be approved by the court in an amount not less thanthe sum then due and estimated to become payable during the ensuing year. Thesaid bond shall be in the form and be conditioned as required of guardiansappointed under the guardianship laws of this state. The court shall have powerfrom time to time to require the guardian to file an additional bond. Where abond is tendered by a guardian with personal sureties, such sureties shall filewith the court a certificate under oath which shall describe the propertyowned, both real and personal, and that they are each worth the sum named inthe bond as the penalty thereof over and above all their debts and liabilitiesand exclusive of property exempt from execution.
3-6-110. Annual accounting; copy of accounts and pleadings to befiled with bureau; notice of hearing; administration of property from othersources.
(a) Every guardian, who has received or shall receive onaccount of his ward, any moneys from the veterans' administration, itspredecessors or successor, shall file with the court annually, on theanniversary date of the appointment, in addition to such other accounts as maybe required by the court, a full, true, and accurate account under oath, of allmoneys so received by him, of all disbursements thereof, and showing thebalance thereof in his hands at the date of such account and how invested. Acertified copy of each of such accounts filed with the court shall be sent bythe guardian to the office of the veterans' administration having jurisdictionover the area in which such court is located. A duplicate signed copy orcertified copy of any petition, motion, or other pleading which is filed in theguardianship proceedings, or in any proceeding for the purpose of removing thedisability of minority or of mental incompetency, shall be furnished by theperson filing the same, to the office of the veterans' administrationconcerned. The court shall fix a time and place for the hearing on suchaccount, petition, or other pleading, not less than fifteen (15) days nor morethan thirty (30) days from the date of filing same, and notice thereof shall begiven by the court to the aforesaid veterans' administration office not lessthan fifteen (15) days prior to the date fixed for the hearing. Notice of suchhearing shall in like manner be given to the guardian.
(b) Any guardian appointed under this act shall be accountablefor property derived from sources other than the veterans' administration andshall be accountable as is or may be required under the applicable law of thisstate pertaining to the property of minors or persons of unsound mind who arenot beneficiaries of the veterans' administration; provided, however, that hemay at his option administer the same as provided in this act and include anaccounting for such assets and income in the same account required with respectto assets derived from the veterans' administration, and if so included, theprocedure with respect thereto shall be that hereinabove prescribed.
3-6-111. Removal for failure to file accounts.
Ifany guardian shall fail to file any account of the moneys received by him fromthe bureau on account of his ward within thirty (30) days after such account isrequired by either the court or the bureau, or shall fail to furnish the bureaua copy of his accounts as required by this act, such failure shall be groundsfor removal.
3-6-112. Compensation of guardian.
Compensationpayable to guardian shall not exceed five percent (5%) of the income of theward during any year. In the event of extraordinary services rendered by suchguardian the court may, upon petition and after hearing thereon, authorizeadditional compensation therefor payable from the estate of the ward. Notice ofsuch petition and hearing shall be given the proper office in the bureau in themanner provided in W.S. 3-6-110. No compensation shall be allowed on the corpusof an estate received from a preceding guardian. The guardian may be allowedfrom the estate of his ward reasonable premiums paid by him to any corporatesurety upon his bond.
3-6-113. Investment of surplus money; notice to bureau.
(a) It shall be the duty of such guardians to invest and keepinvested their ward's surplus money, but only in the securities or otherproperty, and in the manner hereinafter indicated, and in which securities orother property the guardian has no interest. The investments, except thoseprovided in paragraphs (i) and (ii) of this subsection hereof, shall be madeonly upon the prior approval of the court, after notice to the veterans'administration as provided in W.S. 3-6-110, as amended:
(i) Direct obligations of this state and of the United Statesgovernment, and obligations, the interest and principal of which are bothunconditionally guaranteed by the United States government;
(ii) The bonds of this state or of any other state, or anycounty, school districts, city, or town in the United States with a populationof not less than one thousand (1,000) inhabitants; and where the laws do notpermit such counties, cities, school districts, or towns to become indebted inexcess of six percent (6%) of the assessed valuation of property for taxationtherein, and where the total indebtedness of such county, school districts,city, or municipality, does not exceed six percent (6%) of the assessedvaluation of property for taxation at the time of such investment: providedalways, there has been no default for more than thirty (30) days during thepreceding ten (10) years upon any bonds of the issuing state, county, city or town;
(iii) In the legally issued notes of the owner of the fee simpletitle to improved, unencumbered real property located in this state secured byfirst mortgage or deed of trust thereon: provided, that the total debt securedby such encumbrances shall not exceed sixty percent (60%) of the actual cashvalue of such real property at the time of such investment unless such loan beinsured and while held by the guardian remain insured, by the federal housingadministrator in accordance with the National Housing Act;
(iv) In the entire fee simple title to real estate or lease ofreal estate in this state and the purchase of all necessary equipment, but onlyas a home for the ward, or as a home for his dependent family, or torehabilitate the ward, or to protect his interests. Such purchase or lease ofreal estate or other investment provided in this paragraph shall not be madeexcept upon the entry of an order of the court after hearing upon verifiedpetition. Notice of such hearing shall be given the veterans' administration asprovided in W.S. 3-6-110, as amended. Title shall be taken in the ward's name.This paragraph shall not be construed to limit the right of the guardian, onbehalf of his ward, to bid and to become the purchaser of real estate at a salethereof pursuant to decree of foreclosure of a lien held by or for the ward, orat a tax or a trustee's sale, to protect the ward's right in the property soforeclosed or sold, or at a sale under partition decree, if necessary toprotect the ward's interest in such property.
3-6-114. Support and maintenance of persons other than ward.
Aguardian shall not apply any portion of the estate of his ward for the supportand maintenance of any person other than his ward, except upon order of thecourt after a hearing, notice of which has been given the proper office of thebureau in the manner provided in W.S. 3-6-110.
3-6-115. Certified copies of public records.
Whenevera copy of any public record is required by the bureau to be used in determiningthe eligibility of any person to participate in benefits made available by suchbureau, the official charged with the custody of such public record shallwithout charge provide the applicant for such benefits or any person acting onhis behalf or the representative of such bureau with a certified copy of suchrecord.
3-6-116. Repealed by Laws 1981, Sp. Sess., ch. 24, 2.
3-6-117. Discharge of guardian.
Whena minor ward for whom a guardian has been appointed under the provisions ofthis act or other laws of this state shall have attained his or her majority,and if incompetent shall be declared competent by the bureau and the court, andwhen any incompetent ward, not a minor, shall be declared competent by saidbureau and the court, the guardian shall upon making a satisfactory accountingbe discharged upon a petition filed for that purpose.
3-6-118. Construction and applicability.
Thisact shall be construed liberally to secure the beneficial intents and purposesthereof, and shall apply only to beneficiaries of the bureau.
3-6-119. Interpretation.
Thisact shall be so interpreted and construed as to effectuate its general purposeto make uniform the law of those states which enact it.
