Kansas Statutes

Chapter 73: Soldiers, Sailors And Patriotic Emblems

Article 5: Curators For Veterans

Statutes:

• 73-501: Definitions of terms.
• 73-502: When appointment of curator required.
• 73-503:
• 73-504: Petition for appointment of curator.
• 73-505: Appointment of curator for minor; certificate.
• 73-506: Appointment of curator for incapacitated person; certificate.
• 73-507: Notice upon filing of petition.
• 73-508: Appointment of curator.
• 73-509: Annual accounting.
• 73-510: Failure to account; removal.
• 73-511: Compensation of curator; bond premium.
• 73-512: Investments by curators.
• 73-513: Use of funds for support of third person.
• 73-514: Copy of public records to be furnished when required.
• 73-515:
• 73-515a: Eligibility for care or treatment by veterans' administration or federal agency; order; notice; court jurisdiction.
• 73-515b: Same; orders from courts of other states; effect; consent.
• 73-515c: Same; transfer to federal agency; notice; exception.
• 73-516: Final accounting.
• 73-517: Construction of act.
• 73-518: Title of act.
• 73-519: Interpretation.
• 73-520: Validity.
• 73-521: Repeals.
• 73-522: Purchase of real estate; evidence of value and title.
• 73-523: Administrator of veterans' affairs to be party in interest, when.

• 73-501: Definitions of terms. As used in this act: The term "person" includes a partnership, corporation or an association. The term "bureau" means the United States veterans' bureau or its successor. The term "estate" and "income" shall include only moneys received by the curator from the bureau and all earnings, interest and profits derived therefrom. The term "benefits" shall mean all moneys payable by the United States through the bureau. The term "director" means the director of the United States veterans' bureau or his successor. The term "pensioner" means a beneficiary of the bureau. The term "curator" as used herein shall mean any person acting as a fiduciary for a pensioner.

        History:   L. 1929, ch. 250, § 1; L. 1965, ch. 433, § 1; L. 1967, ch. 411, § 1; July 1.

• 73-502: When appointment of curator required. Whenever, pursuant to any law of the United States or regulation of the bureau, the director requires, prior to payment of benefits, that a curator be appointed for a pensioner, such appointment shall be made in the manner hereinafter provided.

        History:   L. 1929, ch. 250, § 2; L. 1965, ch. 433, § 2; L. 1967, ch. 411, § 2; July 1.

• 73-503:

        History:   L. 1929, ch. 250, § 3; L. 1965, ch. 433, § 3; L. 1967, ch. 411, § 3; Repealed, L. 1972, ch. 285, § 1; July 1.

• 73-504: Petition for appointment of curator. A petition for appointment of a curator may be filed in any court of competent jurisdiction by or on behalf of any person who under existing law is entitled to priority of appointment. If there be no person so entitled or if the person so entitled shall neglect or refuse to file such petition within thirty (30) days after mailing of notice by the bureau to the last known address of such person indicating the necessity for the same a petition for such appointment may be filed in any court of competent jurisdiction by or on behalf of any responsible person residing in this state. The petition for appointment shall set forth the name, age, place of residence of the proposed pensioner, the names and places of residence of the nearest relative, if known, and the fact that such proposed pensioner is entitled to receive moneys payable by or through the bureau 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 addresses of the person or institution if any having actual custody of the proposed pensioner. In the case of a proposed pensioner who is an "incapacitated person" the petition shall show that such proposed pensioner has been rated incompetent on examination by the bureau in accordance with the laws and regulations governing the bureau.

        History:   L. 1929, ch. 250, § 4; L. 1965, ch. 433, § 4; L. 1967, ch. 411, § 4; July 1.

• 73-505: Appointment of curator for minor; certificate. Where a petition is filed for the appointment of a curator for a proposed pensioner who is a minor, a certificate of the director, or his representative, setting forth the age of such minor as shown by the records of the bureau and that the appointment of a curator is a condition precedent to the payment of any moneys due the minor by the bureau, shall be prima facie evidence of the necessity for such appointment.

        History:   L. 1929, ch. 250, § 5; L. 1965, ch. 433, § 5; L. 1967, ch. 411, § 5; July 1.

• 73-506: Appointment of curator for incapacitated person; certificate. Where a petition is filed for the appointment of a curator of a proposed pensioner who is alleged to be an incapacitated person a certificate of the director or his representative, setting forth the fact that such person has been rated incompetent by the bureau on examination in accordance with the laws and regulations governing such bureau and that the appointment of a curator is a condition precedent to the payment of any moneys due such person by the bureau, shall be prima facie evidence of the necessity for such appointment.

        History:   L. 1929, ch. 250, § 6; L. 1965, ch. 433, § 6; L. 1967, ch. 411, § 6; July 1.

• 73-507: Notice upon filing of petition. Upon the filing of a petition for the appointment of a curator, under the provisions of this act, the court shall cause such notice to be given as provided by the act for obtaining a guardian or conservator, or both (K.S.A. 2002 Supp. 59-3050 through 59-3095, and amendments thereto).

        History:   L. 1929, ch. 250, § 7; L. 1965, ch. 433, § 7; L. 1967, ch. 411, § 7; L. 2002, ch. 114, § 76; July 1.

• 73-508: Appointment of curator. Before making an appointment under the provisions of this act the court shall be satisfied that the proposed curator whose appointment is sought is a fit and proper person to be appointed. Upon the appointment being made the curator shall execute and file a bond to be approved by the court in an amount not less than the sum then due and estimated to become payable during the ensuing year. The said bond shall be in the form and be conditioned as required of conservators appointed under the laws of this state. The court shall have power from time to time to require the curator to file an additional bond. Where a bond is tendered by a curator with personal sureties, such sureties shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and that they are each worth the sum named in the bond as the penalty thereof over and above all their debts and liabilities and exclusive of property exempt from execution.

        History:   L. 1929, ch. 250, § 8; L. 1965, ch. 433, § 8; 1967, ch. 411, § 8; July 1.

• 73-509: Annual accounting. Every curator who shall receive on account of his pensioner any moneys from the veterans' administration shall file with the court annually, on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true, and accurate account, under oath, of all moneys so received by him, of all disbursements thereof, and showing the balance thereof in his hands at the date of such account and how invested. A certified copy of each of such accounts filed with the court shall be sent by the curator to the office of the veterans' administration having jurisdiction over the area in which such court is located.

        The court shall fix a time and place for the hearing on such account not less than fifteen (15) days nor more than thirty (30) days from the date of filing same and notice thereof shall be given by the court to the aforesaid veterans' administration office not less than fifteen (15) days prior to the date fixed for the hearing. Notice of such hearing shall in like manner be given to the curator. Upon rendering any such account the curator shall produce for examination by the court, or a duly authorized clerk or other appointee thereof, evidences of balance on deposit, and of investments reported therein, which shall be described in such account in sufficient detail so that they may be identified, and the court or its duly authorized clerk or other appointee shall ascertain whether such balance on deposit and investments correspond with such account, and if so shall certify to that effect upon the account filed with the court and upon the copy supplied the veterans' administration.

        History:   L. 1929, ch. 250, § 9; L. 1939, ch. 283, § 1; L. 1965, ch. 433, § 9; L. 1967, ch. 411, § 9; July 1.

• 73-510: Failure to account; removal. If any curator shall fail to file any account of the moneys received by him from the bureau on account of his pensioner within thirty (30) days after such account is required by either the court or the bureau, or shall fail to furnish the bureau a copy of his accounts as required by this act, such failure shall be grounds for removal.

        History:   L. 1929, ch. 250, § 10; L. 1965, ch. 433, § 10; L. 1967, ch. 411, § 10; July 1.

• 73-511: Compensation of curator; bond premium. Compensation payable to curators shall not exceed five percent (5%) of the income of the pensioner during any year, or one percent (1%) of the corpus of the estate, whichever is greater. In the event of extraordinary services rendered by such curator the court may, upon petition and after hearing thereon, authorize additional compensation therefor payable from the estate of the pensioner. Notice of such petition and hearing shall be given the proper office of the bureau in the manner provided in K.S.A. 73-509. No compensation shall be allowed on the corpus of an estate received from a preceding curator. The curator may be allowed from the estate of his pensioner reasonable premiums paid by him to any corporate surety upon his bond.

        History:   L. 1929, ch. 250, § 11; L. 1947, ch. 395, § 1; L. 1965, ch. 433, § 11; L. 1967, ch. 411, § 11; July 1.

• 73-512: Investments by curators. It shall be the duty of curators to invest and keep invested their pensioner's surplus money and only in the securities hereinafter indicated, and in which the curator has no interest. Such investments, except those provided in paragraph (A) hereof, shall be made only upon the prior approval of the court, after notice to the veterans' administration as provided in K.S.A. 73-523.

        (A)   Direct obligations of this state and of the United States government, and obligations, the interest and principal of which are both unconditionally guaranteed by the United States government; or, shares or accounts in savings and loan associations insured by the federal savings and loan insurance corporation to the extent covered by such insurance; or, certificates of deposit or savings accounts in banks insured by the federal deposit insurance corporation, to the extent covered by such insurance.

        (B)   The bonds of any other state, or of any county, city or town in the United States with a population as shown by next preceding federal census of not less than ten thousand (10,000) inhabitants, and which bonds were not issued in aid of railroads, and where the laws do not permit such counties, cities or towns to become indebted in excess of five percent (5%) of the assessed valuation of property for taxation therein, and where the total indebtedness of such county, city or municipality, does not exceed five percent (5%) of the assessed valuation of property for taxation at the time of such investment: Provided always, There has been no default for more than thirty (30) days during the preceding ten (10) years upon any of the issuing state, county, city or town.

        (C)   In the legally issued notes of the owner of improved unencumbered real property located in this state secured by first mortgage or deed of trust thereon: Provided, That the total debt secured by such encumbrances does not exceed fifty percent (50%) of the actual cash value of such real property at the time of such investment: And provided, That if buildings or other improvements constitute a material part of the value of such premises encumbered to secure such indebtedness they shall be kept insured against loss or damage by fire in a reasonable amount for the benefit of the owners of such notes secured by first mortgages or deeds of trust.

        Before making any such investment a signed application therefor shall be procured from the borrower, which shall contain such information as may be required by the lender, and in every case shall contain a complete description of the real estate, including improvements thereon, and an affirmative statement that such proposed borrower is the owner of the entire fee-simple title to such real estate and improvements, that same are free of every encumbrance or lien of any character, or if not, a statement of any existing encumbrance or other liens thereon and specific authorization to the lender to withhold from the proposed loan the necessary sum to discharge and procure the release of any such encumbrances or other liens, and such release shall in all cases be procured and filed for record prior to or contemporaneously with the making of such loan. The proposed borrower shall also furnish with such application an abstract or certificate of title and same shall be completed to the time of closing the loan. The curator proposing to make any such loan or to purchase any notes secured by first mortgage or deed of trust shall exhibit to the court with his application for approval thereof the opinion of a qualified attorney-at-law satisfactory to the court, which opinion shall show that such attorney has examined said title or certificate of title and the papers evidencing the proposed debt and encumbrance to secure same, and based thereon it is the opinion of such attorney that the proposed borrower has good title to the property to be encumbered and that such proposed encumbrance will constitute a valid first lien thereon. In addition thereto the curator shall file with the court satisfactory written evidence that the reasonable cash value of the property to be encumbered is in accordance with the requirements of this paragraph.

        If the curator purchases previously issued notes secured by first mortgage or deed of trust, the attorney's examination and opinion shall also disclose whether the proposed transferor has and will pass to the curator good title thereto together with the liens securing same as hereinbefore provided. In such case the curator shall file with the court satisfactory written evidence of value of the encumbered property as is hereinabove required, as of the time of acquiring such notes.

        History:   L. 1929, ch. 250, § 12; L. 1939, ch. 283, § 2; L. 1951, ch. 432, § 1; L. 1957, ch. 422, § 1; L. 1965, ch. 433, § 12; L. 1967, ch. 411, § 12; July 1.

• 73-513: Use of funds for support of third person. A curator shall not apply any portion of the estate of his pensioner for the support and maintenance of any person other than his pensioner, except upon order of the court after a hearing, notice of which has been given the proper office of the bureau in the manner provided in K.S.A. 73-509.

        History:   L. 1929, ch. 250, § 13; L. 1965, ch. 433, § 13; L. 1967, ch. 411, § 13; July 1.

• 73-514: Copy of public records to be furnished when required. Whenever a copy of any public record is required by the bureau to be used in determining the eligibility of any person to participate in benefits made available to such bureau, the official charged with the custody of such public record shall without charge provide the applicant for such benefits or any person acting on his behalf or the representative of such bureau with a certified copy of such record.

        History:   L. 1929, ch. 250, § 14; May 28.

• 73-515:

        History:   L. 1929, ch. 250, § 15; Repealed, L. 1949, ch. 402, § 4; June 30.

• 73-515a: Eligibility for care or treatment by veterans' administration or federal agency; order; notice; court jurisdiction. Whenever, in any proceeding under the laws of this state a proposed patient is determined to be a mentally ill person and is in need of care or treatment at a psychiatric hospital and it appears that such person is eligible for care or treatment by the veterans' administration or other agency of the United States government, the court, upon receipt of a certificate from the veterans' administration or such other agency showing that facilities are available and that such person is eligible for care or treatment therein, may order such person to said veterans' administration or other agency.

        The proposed patient shall be personally served with notice of the pending proceeding to determine a mentally ill person in the manner as provided by the law of this state; and nothing in this act shall affect his right to appear and be heard in the proceedings. Upon being ordered for care or treatment, such person, when admitted to any facility operated by any such agency within or without 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 or institution operated by any other agency of the United States to which the person is so ordered for care or treatment shall with respect to such person be vested with the same powers as superintendents of state psychiatric hospitals within this state with respect to retention of custody, transfer, convalescent leave or discharge.

        Jurisdiction is retained in the court having venue of such proceedings at any time to inquire into the mental condition of the person so ordered for care or treatment, and to determine the necessity for continuance of his restraint, and all orders for care or treatment pursuant to this act are so conditioned.

        History:   L. 1949, ch. 402, § 1; L. 1965, ch. 433, § 14; Jan. 1, 1966.

• 73-515b: Same; orders from courts of other states; effect; consent. The order for care or treatment of a person determined to be a mentally ill person entered by a court of competent jurisdiction of another state or of the District of Columbia, which orders 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 as to the involuntary patient while in this state as in the jurisdiction in which is situated the court entering the judgment or making the order; and the courts of the state ordering such care or treatment, or of the District of Columbia, shall be deemed to have retained jurisdiction of the person so ordered for care or treatment for the purpose of inquiring into the mental condition of such person, and of determining the necessity for continuance of his care or treatment; as is provided in K.S.A. 73-515a with respect to persons ordered for care or treatment by the courts of this state. Consent is hereby given to the application of the law of the state ordering such care or treatment or district in respect to the authority of the chief officer of any facility of the veterans' administration, or of any institution operated in this state by any other agency of the United States to retain custody, or transfer, or place on convalescent leave or discharge the involuntary patient.

        History:   L. 1949, ch. 402, § 2; L. 1965, ch. 433, § 15; Jan. 1, 1966.

• 73-515c: Same; transfer to federal agency; notice; exception. Upon receipt of a certificate of the veterans' administration or such other agency of the United States that facilities are available for the care or treatment of any person heretofore ordered to receive care or treatment at any psychiatric hospital or other facility for care or treatment and that such person is eligible for care or treatment, the superintendent of the institution may cause the transfer of such person to the veterans' administration or other agency of the United States for care or treatment. Upon effecting any such transfer, the court having venue or proper officer thereof shall be notified thereof by the transferring agency. No person shall be transferred to the veterans' administration or other agency of the United States if he be confined pursuant to conviction of any felony or misdemeanor or if he has been acquitted of the charge solely on the ground of insanity, unless prior to transfer the court or other authority originally ordering care or treatment of such person shall enter an order for such transfer after appropriate motion and hearing. Any person transferred as provided in this section shall be deemed to be ordered to receive care or treatment by the veterans' administration or other agency of the United States pursuant to the original order for care or treatment.

        History:   L. 1949, ch. 402, § 3; L. 1965, ch. 433, § 16; Jan. 1, 1966.

• 73-516: Final accounting. When a pensioner for whom a curator has been appointed under the provisions of this act or other laws of this state shall have attained his or her majority, and if an incapacitated person shall be declared to be restored to capacity by the bureau and the court, and when any pensioner, not a minor, shall be declared to be restored to capacity by said bureau and the court, the curator shall upon making a satisfactory accounting be discharged upon a petition filed for that purpose.

        History:   L. 1929, ch. 250, § 16; L. 1965, ch. 433, § 17; L. 1967, ch. 411, § 14; July 1.

• 73-517: Construction of act. This act shall be construed liberally to secure the beneficial intents and purposes thereof, and shall apply only to beneficiaries of the bureau.

        History:   L. 1929, ch. 250, § 17; May 28.

• 73-518: Title of act. This act may be cited as the "curators for veterans act."

        History:   L. 1929, ch. 250, § 18; L. 1965, ch. 433, § 18; L. 1967, ch. 411, § 15; July 1.

• 73-519: Interpretation. This act shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it.

        History:   L. 1929, ch. 250, § 19; May 28.

• 73-520: Validity. The invalidity of any portion of this act shall not affect the validity of any other portion thereof which can be given effect without such invalid part.

        History:   L. 1929, ch. 250, § 20; May 28.

• 73-521: Repeals. All laws or parts of laws relating to beneficiaries of the bureau inconsistent with this act are hereby repealed.

        History:   L. 1929, ch. 250, § 21; May 28.

• 73-522: Purchase of real estate; evidence of value and title. The court may authorize the purchase of the entire fee-simple title to real estate in this state in which the curator has no interest, but only as a home for the pensioner, or to protect his interests or (if he is not a minor) as a home for his dependent family. Such purchase of real estate shall not be made except upon the entry of an order of the court after hearing upon verified petition. Notice of such hearing shall be given the veterans' administration in the manner and within the time provided by K.S.A. 73-523. Before authorizing such investment the court shall require evidence of value and title as is hereinabove provided, and of the advisability of acquiring such real estate. Title shall be taken in the pensioner's name. This paragraph shall not be construed to limit the right of the curator, on behalf of his pensioner, to bid and to become the purchaser of real estate at a sale thereof pursuant to decree of foreclosure of a lien held by or for the pensioner, or at a trustee's sale, to protect the pensioner's right in the property so foreclosed or sold, or at a sale under partition decree, if necessary to protect the pensioner's interest in such property.

        History:   L. 1939, ch. 283, § 3; L. 1965, ch. 433, § 19; L. 1967, ch. 411, § 16; July 1.

• 73-523: Administrator of veterans' affairs to be party in interest, when. The administrator of veterans' affairs or his successor, is and shall be a party in interest in any proceedings brought under any law of this state for the appointment of a conservator or curator of a veteran of any war or other beneficiary on whose account benefits of compensation, adjusted compensation, pension or insurance or other benefits are payable by the veterans' administration, and the said administrator or his successor is and shall be an interested party in the administration of the estate of any such pensioner on whose account such benefits are payable or whose estate includes assets derived from benefits paid by the veterans' administration, its predecessor or successor, and written notice shall be given by registered mail (unless waived in writing) to the office of the veterans' administration having jurisdiction over the area in which the court is located, of the time and place for hearing on any petition or pleading or in connection with any proceeding pertaining to or affecting in any manner the administration of the estate of any beneficiary of the veterans' administration. Said notice shall be given at such time as to reach such office in due course of mail not less than ten (10) days before the date of such hearing or other proceeding.

        History:   L. 1939, ch. 283, § 4; L. 1965, ch. 433, § 20; L. 1967, ch. 411, § 17; July 1.