California Military and Veterans Code 1035 – (a) (1) All moneys and other personal property of any …
(a) (1) All moneys and other personal property of any member held by a home, or by its authority, or left by the member upon the premises of a home, shall, upon the death of the member, be held by the home in trust to be paid or delivered by the home upon proof determined to be proper to the administrator, directly and without probate, to the heirs of the member, except that the administrator may disburse funds of any deceased member for payment of funeral expenses or any obligation owed to any home, including the cost of any care rendered by a home in excess of the fees paid by the member to the home. Any funds of the deceased member representing the cost of care rendered by a home in excess of the fees paid by the member to the home shall be paid to the Morale, Welfare, and Recreation Fund.
(2) This subdivision applies only to veterans, spouses, and domestic partners becoming members of a home on or after January 1, 1984.
Terms Used In California Military and Veterans Code 1035
- Administrator: means the senior executive appointed to operate a home. See California Military and Veterans Code 1010
- Home: means any facility operated by the department for the provision of long-term care, assisted living, adult day health, independent living, or other health care services to eligible veterans. See California Military and Veterans Code 1010
- Member: means a veteran or nonveteran spouse or domestic partner who has been admitted to residency at a veterans' home. See California Military and Veterans Code 1010
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Personal property: All property that is not real property.
- Probate: Proving a will
- Spouse: includes "registered domestic partner" as required by §. See California Military and Veterans Code 19
(b) (1) All moneys and other personal property of any member held by a home, or by its authority, or left by the member upon the premises of a home, shall, upon the death of the member, be held by the home in trust to be paid or delivered by the home upon proof determined to be proper to the administrator, directly and without probate, to the spouse, domestic partner, children, grandchildren, or father or mother of the member, except that the administrator may disburse funds of any deceased member for payment of funeral expenses or any obligation owed to any home.
(2) This subdivision applies only to veterans, spouses, and domestic partners who have become members of a home prior to January 1, 1984.
(Amended by Stats. 2017, Ch. 28, Sec. 62. (SB 96) Effective June 27, 2017.)