Chapter 465: Guardianship of Incompetent Veterans, ETC.

As used in this chapter the term "person" includes a partnership, corporation, or an association. The term "Department of Veterans Affairs" means the United States Department of Veterans Affairs or its successor. The terms "estate" and "income" shall include only moneys received by the guardian from the Department of Veterans Affairs and all earnings, interest, and profits derived therefrom. The term "benefits" shall mean all moneys payable by the United States through the Department of Veterans Affairs. The term "secretary" means the secretary of the United States Department of Veterans Affairs or his successor. The term "ward" means a beneficiary of the Department of Veterans Affairs. The term "guardian" as used herein shall mean any person acting as a fiduciary for a ward.

Whenever, pursuant to any law of the United States or regulation of the Department of Veterans Affairs, the secretary requires, prior to payment of benefits, that a guardian be appointed for a ward, such appointment may be made in the manner hereinafter provided.

Except as hereinafter provided, it shall be unlawful for any person to accept appointment as guardian of any ward if such proposed guardian shall at that time be acting as guardian for 5 wards. In any case, upon presentation of a petition by an attorney of the Department of Veterans Affairs under this section alleging that a guardian is acting in a fiduciary capacity for more than 5 wards and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian and shall discharge such guardian in said case. An individual may be guardian of more than 5 wards if they are all members of the same family. The provisions of this section shall not apply to the director of the division of veterans services acting under an appointment made pursuant to RSA 465:5.

If there is no person entitled to petition for the appointment of a guardian or if the person so entitled shall neglect or refuse to file such a petition within 30 days after mailing of notice by the Department of Veterans Affairs by registered mail to the last known address of such person indicating the necessity for the same, a petition for such appointment may be filed in the probate court by or on behalf of any inhabitant of this state. The petition for appointment shall set forth the name, age, place of residence of the ward, the names and places of residence of the nearest relatives, if known, and the fact that such ward is entitled to receive moneys payable by or through the Department of Veterans Affairs and shall set forth the amount of moneys then due and the amount of probable future payments. The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward. In the case of a mentally incompetent ward, the petition shall show that such ward has been rated incompetent on examination by the Department of Veterans Affairs in accordance with the laws and regulations governing the Department of Veterans Affairs.

If a mentally incompetent veteran in a state institution shall have no guardian, and if no petition for appointment of a guardian shall be made as hereinbefore provided, the director of the division of veterans services may file a petition praying that he or his successor in office, as and in the capacity of the director of the division of veterans services, may be appointed guardian of such veteran. Such petition shall set forth the matters required by RSA 465:4.

Where a petition is filed for the appointment of a guardian of a minor ward, a certificate of the director, or his representative, setting forth the age of such minor as shown by the records of the Department of Veterans Affairs and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the Department of Veterans Affairs, shall be prima facie evidence of the necessity for such appointment.

Where a petition is filed for the appointment of a guardian of a mentally incompetent ward, a certificate of the director, or his representative, setting forth the fact that such person has been rated incompetent by the Department of Veterans Affairs on examination in accordance with the laws and regulations governing such Department of Veterans Affairs and that the appointment of a guardian is a condition precedent to the payment of any moneys due such person by the Department of Veterans Affairs, shall be prima facie evidence of the necessity for such appointment.

If the estate of the ward consists of funds received from the United States Department of Veterans Affairs, or earnings thereon, in excess of $1,000, the guardian shall give bond to the judge of probate in a reasonable sum, with corporate sureties, upon condition, among other things, to return an inventory, to render, upon oath, a true and just account of his guardianship, when thereto required, and to faithfully discharge his trust.

A true copy of each account filed with the court shall be sent by the guardian to the office of the Department of Veterans Affairs having jurisdiction over the area in which such court is located; and notice of the filing thereof and of the return day thereon shall be given forthwith by the court to said Department of Veterans Affairs office.

In addition to the notice required on the filing of accounts with the court, as provided in RSA 465:9, notice shall be given to the United States Department of Veterans Affairs on petitions for the appointment of guardians, petitions for support, petitions for leave to expend funds, petitions for license to purchase or sell real estate, and petitions for the removal of guardianship appointments, in any case in which the ward is entitled to any benefits payable by or through the United States Department of Veterans Affairs.

Compensation payable to guardians shall not exceed 5 percent of the income of the ward during any year. In the event of extraordinary services rendered by such guardian, the court may, upon petition and after hearing thereon, authorize additional compensation therefor payable from the estate of the ward. Notice of such petition and hearing shall be given the proper office of the Department of Veterans Affairs in the manner provided in RSA 465:9. No compensation shall be allowed on the corpus of an estate received from a preceding guardian. The provisions of this section shall not apply to the director of the division of veterans services acting under an appointment as guardian as herein provided. Said director shall not be entitled to any compensation, in addition to his regular salary, for acting as such guardian.

A guardian shall not apply any portion of the estate of his ward for the support and maintenance of any person other than his ward, except spouse, minor child or children, except upon order of the court after a hearing, notice of which has been given the proper office of the Department of Veterans Affairs in the manner provided in RSA 465:9.

A guardian may be required to settle his account at any time on a petition filed by the United States Department of Veterans Affairs.

So far as applicable the provisions of RSA 463 and 464-A shall apply to the guardians appointed hereunder.