the Government pay shipping expense in excess of $10. The notice will include a copy of the inventory of the property which it is proposed to deliver to the designate.

(b) Upon receipt of appropriate shipping instructions the property will be shipped, transportation charges prepaid, by mail, express, or freight as may be appropriate under the circumstances and most economical to the Government. The expense of such shipment, chargeable to the Government, in no case to exceed $10, is payable from the appropriation "Salaries and Expenses."

(c) The living owner of any property left or found at a field station will be promptly notified thereof. In no case will transportation charges be paid by the Government on property shipped to a living veteran. In such cases shipment shall be made as requested by the owner of the property (or his guardian) upon receipt of necessary transportation charges which will be prepaid, unless the owner requests shipment with charges collect and the carrier will accept such shipment without liability for such charges, contingent or otherwise, upon the Government.

(d) If the designate refuses or, upon the lapse of ninety days, has failed to take possession or request shipment of decedent's property (see paragraph (a) of this section), or if 90 days have elapsed after the finding of any property and the owner (known or unknown) has failed to request same, the manager or his designated representative will authorize destruction, use or sale.

(e) If sale of the property is authorized the manager will take necessary action to ascertain the names and addresses, of the owners; or, in the event of the owner's decease, of his executor or administrator, widow, child, grandchild, mother, father, grandmother, grandfather brother, or sister.

(f) When in possession of the necessary information the manager will cause proper notice of sale (Form 4-1171) to be mailed. Such notice in all cases shall disclose the identity, if known, of the decedent whose property is to be sold and contain a copy of the inventory of such property. A copy of such notice (Form 4-1171), after Parts I, IV, and V thereof are completed, shall be mailed to the owner, if known, or if deceased to the decedent's executor or administrator, if

known, and also to the widow (or widower), child, grandchild, mother, father, grandmother, grandfather, brother and sister, if known. If more than one relative of the degree named is known, copy will be mailed to each. If the owner is living, Parts IV and V only of Form 4-1171 will be completed.

(g) Copy of such notice (Form 4–1171, Parts IV and V) will also be posted by a responsible employee more than twentyone years of age at:

(1) The field station where the death occurred or property shall have been found.

(2) The place where property is situated at the time such notice is posted, and

(3) The place where probate notices are posted in the county wherein the sale is to be had.

(i) The person (or persons) posting said notice of sale (Form 4-1171) shall make appropriate affidavit on a copy thereof as to his action in that respect and the manager or his designated representative will also certify on the same copy as to the persons to whom copies of such notice were mailed and the mailing dates. The copy on which appear the affidavit and certificate as to service of the notice will be retained in the station file pertaining to the disposition of such property.

CODIFICATION: In § 17.4809, paragraphs (a) to (g), inclusive, and paragraph (1) were amended to read as set forth above.

§ 17.4810 Sale by public auction. After proper notice as prescribed, sale of any such property which it is proper to sell, will be made by public auction by the manager (or any employee designated by him) at the time and place stated in the notice of sale. The property will be sold to the highest bidder (no employee except member employees of the Veterans' Administration shall purchase any of this property) and forthwith delivered and the amount of the bid collected and deposited to the credit of "General Post Fund, Veterans' Administration." Care will be taken to segregate the property of each owner and separate account will be maintained as to the proceeds of sale thereof. Property not disposed of by public auction will be inIcluded in the next sale or will be used or destroyed as the value thereof warrants at the discretion of the manager.

§ 17.4811 Claim subsequent to sale. [Revoked]

§ 17.4812 Delivery to owner, beneficiary or guardian. If it is shown that some person other than the veteran has title to property in a veteran's possession at the time of death, nothing contained in §§ 17.4800 to 17.4812 shall be construed as prohibiting delivery of such property to the owner. A life insurance policy may be delivered to the beneficiary therein named if the insured is deceased, notwithstanding the veteran has designated a person to whom possession of his property at the field station is to be transferred. In no case will funds or effects be delivered to a minor, or to an incompetent person other than as provided in § 17.4809 (a) and (c), but where any such person is entitled to title or possession delivery may be made to his guardian.

§ 17.4813 Notice of statutes. In order that all persons who bring property on premises of the Veterans' Administration may be advised of the existence of the act of June 25, 1938 (38 U. S. Code, 1616j), and that it affects such property, notice thereof (Form 4-1182) shall be. permanently posted in at least one prominent place on the premises of each field station where persons are likely to see such notice.

OTHER PERSONS, KNOWN OR UNKNOWN

§ 17.4815 Inventory of property. Immediately upon the death at a Veterans' Administration field station of a person who was not admitted as a veteran, or immediately after it is ascertained that any such person has absented himself from such field station, a survey and inventory of the personal funds and effects of such deceased or absent person will be made in the manner prescribed in § 17.4803 (a).

§ 17.4816 Action on inventory and funds. (a) The manager will dispose of the personal funds and effects as promptly as possible. No expense will be incurred by the Government for shipment of the effects.

(b) In making disposition of funds and effects the manager will release the funds to the owner if living and will release the effects to him or as directed by him, provided that if he is incompetent and has a guardian the funds and ef

fects will be released to such guardian. If the owner is deceased, and left a last will and testament probated under the laws of the place of his last legal domicile or under the laws of the State, territory, insular possession, or dependency, within which the field station may be, the personal property of such decedent situated upon such premises will be released to the executor. If such person left on said premises funds or effects not disposed of by a will probated in accordance with the provisions of this paragraph, such property shall be released to the administrator, if one has been appointed.

(c) In those cases where there is neither an administrator nor an executor, the funds and effects will be released to the person entitled to inherit the personal property of the decedent under the intestacy laws of the State where the decedent was last domiciled.

(d) Where disposition of the funds and effects cannot be accomplished under the provisions of paragraphs (b) and (c) of this section, the funds, at the expiration of 90 days will be deposited to the General Post Fund and the effects will be disposed of in accordance with the provisions of §§ 17.4808, 17.4809 and 17.4810.

§ 17.4818 Disposition of funds and effects left by officers and enlisted men on the active list of the Army, Navy or Marine Corps of the United States. (a) The manager will notify the commanding officer of the death or absence of such patient and will deliver to the commanding officer, without expense to the Veterans' Administration, the funds and effects of the deceased or absent officer, or enlisted man procuring a receipt therefor.

(b) If the funds and effects are not delivered to the commanding officer within seven days after the death or absence without leave of an officer, or en

listed man, the funds will be deposited to the Special Deposit Account. If not disposed of at the expiration of 90 days after the date of death or absence the funds will be transferred to the General Post Fund and the effects will be handled in accordance with regulations governing the disposition of unclaimed effects left by veterans. The funds and the proceeds derived from the sale of the personal effects will be paid to the person lawfully entitled thereto, providing claim is made within five years from the date of notice of sale, or in the case of legal disability within five years after termination of legal disability. (52 Stat. 1189-1193; 38 U.S.C. 16-16j)

§ 17.4819 Public Law 382, 77th Congress, December 26, 1941, amending the act of June 25, 1910 (24 U.S.C. 136). (a) Whenever any veteran (admitted as a veteran) shall die in any Veterans' Administration hospital, center or home in any Federal, State or private hospital or other institution, while being furnished care or treatment therein by the Veterans' Administration, without leaving a will and without leaving any spouse, heirs or next of kin entitled to his personal property, all such property, including money and choses in action, shall immediately vest in and become the property of the United States as trustee for the sole use and benefit of the General Post Fund, subject to claim as elsewhere provided. [Paragraph (a) amended]

§ 17.4820 Notice to veterans receiving treatment.

(b) Since the provisions of the law are applicable to all veterans receiving care at the expense of the Veterans' Administration (whether in contract, Federal, State or private hospital) it shall be the responsibility of the Veterans' Administration officer authorizing admission of a veteran to other than a Veterans' Administration hospital, center or home, to cause the chief officer of such institution to post in a conspicuous place, in all buildings where veterans are housed, the provisions of § 17.4819 (a), or if he declines to post such provisions, notify the patients individually and supply a statement from each acknowledging notice. Such provisions supersede in part the provisions of Form 10-P-10, executed prior to March 26, 1942. [Paragraph (b) amended]

§ 17.4821 Action upon death of veteran in Veterans' Administration facility. Upon the death of a veteran at a Veterans' Administration hospital, center or home while receiving care or treatment therein, and who it is believed leaves no will or heirs or next of kin entitled to his personal property, regardless of whether Form 4-1170, executed by the veteran, names a designate, an inventory of the funds and effects, Form 10-2687, will be promptly prepared and supplemented by all information or evidence available as to personal property owned by the veteran in addition to that left at the place of death; similar action will be taken when the death of such a veteran hospitalized by the Veterans' Administration occurs at a contract hospital, Army, Navy, Marine or other hospital. Such inventories and information together with any bank books, stocks, bonds, or other valuable paper as enumerated in § 17.4819 (b), left in the effects of the veteran, will be delivered to the manager of the Veterans' Administration hospital, center or home having jurisdiction, for disposition in accordance with existing regulations.

§ 17.4822 Disposition of personal effects upon death of veteran. (a) Any assets heretofore or hereafter accruing to the benefit of the General Post Fund other than money, stocks, bonds, bank deposits, and similar assets, but including jewelry and other personal effects, will be sold in accordance with existing regulations, except that articles of personal adornment which are obviously of sentimental value shall, if unclaimed, be retained for five years from the date of death of the veteran, unless for sanitary or other reasons their retention is deemed unsafe. Possession of effects other than those located on the premises of the Veterans' Administration will be obtained, except that if transportation, storage, etc., is involved, determination will be made as to whether expenditure therefor is warranted. Proceeds of the sale will be deposited to the credit of the General Post Fund.

(b) Stocks, bonds, postal savings certificates, money orders, bank deposit evidence (pass books, checks, time deposit certificates, etc.), and similar assets, actual or potential, will be promptly forwarded to the payees accounts service, central office, together with a copy of the inventory on which listed, in order that appropriate action may be taken to con

vert such assets into cash for deposit in the General Post Fund. Statement will be furnished that other papers listed on the inventory, if any, were examined and nothing of value found, if such is a fact. Funds on deposit in Personal Funds of Patients will be deposited to the General Post Fund. Any claims against the estate of the deceased veteran will be filed with, or if received elsewhere, will be forwarded to the payees accounts service.

§ 17.4823 Claims of creditors and heirs. Effective December 26, 1941, the assets of the estate of a veteran theretofore or thereafter deposited to the General Post Fund are subject to the valid claims of creditors presented to the Veterans' Administration within one year from the date of death or otherwise as provided by any applicable law. Any heir, next of kin, legatee or other person found to be legally entitled to the personal property of the veteran may claim same within five years from the date of the veteran's death. If claimant is under any legal disability (as a minor, incompetent, etc.) at the date of the veteran's death the five-year period begins upon the termination of removal of legal disability. Such claims are for settlement by the payees' accounts service. In the event of doubt as to entitlement or the necessity of legal proceedings to obtain assets for the benefit of the General Post Fund the case will be referred to the solicitor for appropriate action. Any necessary court costs or expenses will be paid from the appropriation salaries and expenses.

APPENDIX-INSTRUCTIONS [Added]

CROSS REFERENCE: For the following instructions, see appendix to Part 2 of this chapter:

Adjustment of increased rates of pensions, Aug. 23, 1946.

Adjustment of increased rates of retirement pay, Aug. 27, 1946.

Procurement of automobiles and other conveyances for disabled veterans, Aug. 29, 1946.

PART 20-GUARDIANSHIP

20.5223

Commitment of mentally incompetent beneficiaries. [Revised] Costs for commitment of insane veterans. [Revised]

20.5224 20.5225 Services of Veterans' Administration physician in proceedings incident to adjudication of insanity. [Amended]

20.5226 Authorizing transportation necessary for appointment of a guardian for, or for commitment of, a veteran beneficiary. [Revised] 20.5227 Payment of costs for appointment of guardians pursuant to section 21 of the World War Veterans' Act as amended by Public No. 262, 74th Congress. [Revised] Chief attorney authorized to incur costs in connection with appointment of guardians. [Revised] Costs of certified copies of letters of guardianship and guardians' bonds authorized. [Amended] Administrative action incident to commitment of mentally incompetent veterans. [Revised] 20.5232 Issuance of authorizations for commitment of mentally incompetent veterans. [Revised]

20.5228

AND

LEGAL ADMINISTRATION

20.5229

20.5231

20.5233 "Necessary cost." [Revised]

20.5252

services. [Amended]

Schedule of attorneys' fees payable by Veterans' Administration. [Amended]

20.5260 Determination of need for institutional award and notification to adjudicating agency. [Amended] 20.5262 Limitation of wards to individual guardians. [Amended]

20.5264 Legality of appointments of guardians. [Revoked]

20.5271 Responsibility for all matters relating to guardianship of beneficiaries of the Veterans' Administration. [Revised]

20.5296 Duty of chief attorney in securing social survey reports in guardianship and legal custodianship cases. [Revised]

20.5305 Accounting not required. [Revised] 20.5306 Payments of accrued benefits to custodian. [Revoked]

CUSTODIANS

20.5312 Requirement of bond after recognition of legal custodian. [Revised]

GUARDIANS

20.5317 Bonds and sureties. [Revised] 20.5320 Joint control agreements. [Revised] 20.5321 Investments. [Amended] 20.5322 Accounting and certificates of balance. [Revised]

20.5326 Action upon receipt of account. [Revised]

20.5330 Action where account cannot be approved or proper administration of estate may not be secured. [Revised]

20.5332 Guardians' commissions under the Uniform Veterans' Guardianship Act. [Amended] 20.5333 Appeals, costs of, may be paid. [Revised]

PRESENTATION AND ADJUDICATION CLAIMS FOR BENEFITS ADDED AND REDESIGNATED] 1 20.5336 Recognition of organizations, associations, and other agencies in the presentation and adjudication of claims for benefits.

1 Former §§ 1.300, 1.301 and 1.302 of this chapter were revised and redesignated §§ 20.5336, 20.5337 and 20.5338, respectively. Subsequently §§ 20.5336 and 20.5337 were redesignated 21.5626 and 21.5627, respectively, and § 20.5338 was redesignated as §§ 21.5628 and 21.5629.

Claims of creditors. [Amended] Exemption of benefits paid under section 308, World War Adjusted Compensation Act, as amended, by Public No. 262. [Revoked] 20.5344 Information required for checking accounts of managers. [Revised]

REMOVAL OF LEGAL CUSTODIANS AND GUARDIANS, ETC., AND DISCONTINUANCE OF AWARDS CHIEF OFFICERS OF INSTITUTIONS

20.5363 20.5364

Removal of guardians

TO

Grounds for removal. [Revised] Chief attorney to request authority to remove guardian, and payment of court costs incident thereto, from Solicitor. [Revoked]

20.5365 Authority of chief attorney to appear in State courts for the Administrator. [Revised]

20.5366 Discharge of guardian upon restoration of sanity. [Revised] 20.5369 Authority of the chief attorney to order advertising or publication of notices in guardianship or commitment proceedings. [Revised] 20.5580 Photographing or photostating of adjusted service certificates. [Revoked] 20.5583 Arrests; crime or offense committed on reservation. [Revised] 20.5584 Removal of patient charged with disorderly conduct. [Revised] AUTHORITY: §§ 20.5020 to 20.5584, appearing in this Supplement, issued under 48 Stat. 9; 38 U.S.C. 707.

SOURCE: $20.5020 to 20.5584, appearing in this Supplement, contained in Regulations, Administrator, July 25, 1946, 11 F.R. 8035, except as noted following provisions affected.

§ 20.5020 Establishment of the office of the chief attorney. [Revoked]

§ 20.5021 Functions of the office of the chief attorney, regional office or center. The duties of the chief attorney, regional office or center, will be as follows:

(a) Guardianship-As specified in this part.

(b) Representative of the solicitor, and thereby legal advisor to the manager of the office to which assigned and other field stations of the Veterans Administration located within the area allocated to that office.