PRINTER'S NO. 203
No. 210 Session of 1997
INTRODUCED BY HART, SALVATORE, WENGER, MOWERY, HELFRICK,
GREENLEAF AND DELP, JANUARY 24, 1997
REFERRED TO MILITARY AND VETERANS AFFAIRS, JANUARY 24, 1997
AN ACT
1 Establishing an incapacitated veterans guardianship program;
2 authorizing the Bureau for Veterans' Affairs to manage the
3 financial affairs of incapacitated veterans or their eligible
4 family members; providing for the creation and powers and
5 duties of the Veterans Guardianship Office; and establishing
6 a fund.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Short title.
10 This act shall be known and may be cited as the Veterans
11 Guardianship Act.
12 Section 2. Declaration of policy and intent.
13 (a) Policy.--It is hereby declared to be a public policy of
14 the Commonwealth to improve the quality of services provided by
15 the Commonwealth for veterans who are currently Pennsylvania
16 residents.
17 (b) Declaration of intent.--It is the intent of the General
18 Assembly to provide a guardianship program for this
19 Commonwealth's incapacitated veterans and for eligible family
1 members. The overall improvements to veterans' services provided
2 by the Commonwealth would include, but not be limited to, the
3 following:
4 (1) Consistent and cost-effective assistance to
5 incapacitated veterans or their eligible family members who
6 are unable to manage their own fiscal affairs.
7 (2) Reduced dependency on State funds for the growing
8 number of incapacitated veterans who deplete their assets due
9 to their incapacitation.
10 (3) More frequent contact between incapacitated veterans
11 and appropriate government agencies and decreased reliance on
12 the United States Department of Veterans Affairs for such
13 contact.
14 Section 3. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Bureau." The Bureau for Veterans' Affairs in the Department
19 of Military Affairs.
20 "Eligible family members." Minor dependents, adult
21 dependents, surviving spouses and dependent parents of a
22 veteran.
23 "Incapacitated veteran." A veteran whose ability to receive
24 and evaluate information effectively and communicate decisions
25 in any way is impaired to such a significant extent that the
26 veteran is partially or totally unable to manage his or her
27 financial resources or to meet essential requirements for his or
28 her physical health and safety.
29 "Income." Payments received from the Veterans Benefits
30 Administration and the Social Security Administration, other
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1 periodic retirement or disability payments under private or
2 government plans and net profits from assets wholly or partially
3 acquired or owned by an incapacitated veteran or eligible family
4 member.
5 "Office." The Veterans Guardianship Office established in
6 the Bureau for Veterans' Affairs.
7 "Program." The Veterans Guardianship Program established by
8 this act.
9 "Veteran." A former member of the armed forces of the United
10 States, or a women's organization officially connected with the
11 armed forces, who:
12 (1) served during a period of war or armed conflict and
13 was honorably discharged from the armed forces;
14 (2) died in service or was killed in action during a
15 period of war or armed conflict; or
16 (3) as a result of peacetime hostile fire or terrorist
17 attack as determined by the Department of Military Affairs,
18 was killed or suffered a service-connected disability as
19 certified by the United States Department of Veterans Affairs
20 and, if surviving, was honorably discharged from the armed
21 forces.
22 Section 4. Determination of incapacity.
23 A determination of a veteran's incapacity shall be governed
24 by the provisions of 20 Pa.C.S. Ch. 55 (relating to
25 incapacitated persons).
26 Section 5. Creation of Veterans Guardianship Office.
27 (a) Office established.--The Bureau for Veterans' Affairs
28 shall establish the Veterans Guardianship Program administered
29 by a Veterans Guardianship Office. The bureau shall appoint a
30 director to oversee the program.
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1 (b) Surety bond.--The bureau shall post with the State
2 Treasurer a surety bond in the amount of $10,000. The bond shall
3 be conditioned upon the faithful discharge of the bureau's
4 duties as executor, administrator, conservator or guardian and
5 shall inure to the use and benefit of each person or estate for
6 whom the bureau is appointed to act. In any case or proceeding
7 in which the bureau serves as administrator or executor or as
8 guardian or conservator under this act, the bureau shall act
9 without additional bond, and the court or official having
10 jurisdiction shall so order in the order of appointment.
11 Section 6. Appointment of bureau as guardian.
12 The bureau, through the office, shall serve as guardian of an
13 incapacitated veteran or eligible family member when the
14 requirements of 20 Pa.C.S. Ch. 55 (relating to incapacitated
15 persons) are met and when no person is willing and qualified to
16 become a guardian. If appointed, the bureau through the office,
17 shall have all of the powers and duties of a corporate fiduciary
18 and shall not be required to post bond.
19 Section 7. Powers and duties of office.
20 (a) Enumeration.--The office shall have the same powers and
21 duties as a guardian appointed under 20 Pa.C.S. Ch. 55 (relating
22 to incapacitated persons). In addition, the office shall have
23 the following powers and duties:
24 (1) To invest the principal assets and income of
25 incapacitated veterans or their eligible family members for
26 whom it is the guardian of the estate. For this purpose, it
27 may pool the principal assets and income but shall maintain
28 an individual account for each incapacitated veteran or
29 eligible family member reflecting the person's participation
30 in the pool.
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1 (2) To expend and, if necessary, advance costs necessary
2 to administer guardianships for which it has been appointed
3 guardian.
4 (3) To apply for letters or otherwise administer the
5 estate of any incapacitated veteran or eligible family member
6 for whom it has been appointed guardian who dies during the
7 guardianship when no one else is willing or qualified to
8 serve as the personal representative.
9 (b) Audit of office.--The office shall be subject to audit
10 by the Auditor General and by the United States Department of
11 Veterans Affairs.
12 Section 8. Establishment of Conservator Fund.
13 (a) Fund established.--Upon establishment of the office, all
14 income received by an incapacitated veteran or by an eligible
15 family member for whom the office has been appointed guardian
16 shall be deposited into a special nonlapsing fund, which is
17 hereby created in the State Treasury, to be known as the
18 Conservator Fund.
19 (b) Disbursements.--Money in the Conservator Fund shall be
20 used to pay for the needs of veterans or eligible family members
21 for whom the office has been appointed guardian and for the
22 operating costs of the office. A fee of not more than 5% of the
23 veteran's or eligible family member's monthly income shall be
24 deducted to pay the operating costs of the office. The fee shall
25 be subject to approval by the court. The fee may be waived if
26 the estate is valued at $5,000 or less.
27 Section 9. Operation of office.
28 The office shall make every effort to minimize costs,
29 including minimizing personnel cost through the use of
30 volunteers.
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1 Section 10. Effective date.
2 This act shall take effect in 60 days.
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