(1) Every guardian or conservator who shall receive on account of his ward any moneys from the Veterans Affairs, shall file with the court biennially, 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. The guardian or conservator, at the time of filing his account shall exhibit all securities or investments described therein to an officer of the bank or other depository wherein said securities are held for safekeeping, or to an authorized representative of the corporation which is surety on his bond, or to the clerk or deputy clerk of a court of record in this state or to any other reputable person designated by the court upon request of the guardian or conservator or other interested party, who shall certify in writing that he has examined such securities or investments and identified them with those described in the account; provided, that if such depository is the guardian or conservator, such certifying officer shall be an officer other than the officer verifying the account, or the guardian or conservator may exhibit such securities or investments to the judge of the court who shall endorse on the account and copy thereof a statement that the securities or investments shown therein as on hand were in fact exhibited to him and that those exhibited to him were the same as those shown in the account. Such certificate, and the certificate of an official of the bank in which is deposited any cash balance showing the amount on deposit shall be filed by the guardian or conservator with his account. A certified copy of each such account and a signed duplicate of such certificates filed with the court shall be sent by the guardian or conservator to the office of the Veterans Affairs having jurisdiction over the area in which such court is located. A duplicate signed copy, or certified copy of any petition, motion or other pleading which is filed in the guardianship proceedings, or in any proceedings for the purpose of removing the disability or minority or of mental incompetency, shall be furnished by the person filing the same, to the office of the Veterans Affairs concerned. The court, unless hearing be waived in writing by the chief attorney of the Veterans Affairs, shall fix a time and place for the hearing on such account, petition, or other pleading, not less than fifteen (15) days nor more than thirty (30) days from the date of filing same unless a different available date be stipulated in writing and written notice of the time and place of such hearing shall be given by the court to the aforesaid Veterans Affairs 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 guardian or conservator and to any others entitled to notice.
(2) The clerk shall mail said Veterans Affairs office a copy of each order entered in any guardianship proceeding wherein the Veterans Affairs is an interested party.

Terms Used In Kentucky Statutes 388.280

  • Attorney: means attorney-at-law. See Kentucky Statutes 446.010
  • court: means the District Court of the county of the beneficiary's residence. See Kentucky Statutes 388.190
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Oath: A promise to tell the truth.
  • person: includes a partnership, corporation or an association. See Kentucky Statutes 388.190
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
  • Veterans Affairs: means the United States Department of Veterans
    Affairs, its predecessors or successors. See Kentucky Statutes 388.190
  • ward: means a beneficiary of the Veterans Affairs. See Kentucky Statutes 388.190

Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 42, sec. 27, effective June 29, 2017. — Amended 1986 Ky. Acts ch. 10, sec. 1, effective July 15, 1986. — Amended
1982 Ky. Acts ch. 141, sec. 122, effective July 1, 1982. — Created 1942 Ky. Acts
ch. 25, sec. 9.
Note. 1980 Ky. Acts ch. 396, sec. 133 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.