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Document Type

Peach Sheet

Abstract

The Act primarily clarifies terminology and procedures relating to guardianship of a beneficiary of the United States Department of Veteran Affairs (VA). First, the Act redefines a few key definitions used throughout chapter six of or title 29. Second, the Act adds a requirement of notice to the VA and also to the proposed ward's relatives when an application for guardianship is filed. Third, the Act establishes a preference for vesting guardianship in a relative of the ward and imposes a maximum number of wards for guardians who are not related to their wards. Fourth, the Act restricts the guardian from being named as a beneficiary in the ward's will or life insurance policy. Fifth, the Act revises guardian compensation, mandates that guardians submit periodic accountings to the court, and sets forth ramifications for failure to follow these provisions. Lastly, the Act provides that the VA shall be a party in interest in any proceeding to appoint of discharge a guardian, and further provides that the VA may become a party in interest in any other proceeding of guardianship established pursuant to any other chapter of title 29.

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