50:04:03:03.  Applications by or on behalf of dependents of deceased veterans. A bonus application filed by a dependent of a deceased veteran pursuant to SDCL 33A-2-17 shall be made in an order of preference as follows: spouse, child, mother, father, foster mother, foster father.

          If a dependent of a deceased veteran entitled to a bonus is a ward of a legally appointed and acting guardian, only the guardian may apply on behalf of the ward. An application by such a guardian shall be completed by the guardian on behalf of the ward, except that at the place on the application form provided for the applicant's signature, the guardian shall sign the ward's name and the guardian's own name, followed by words to indicate the guardianship; shall swear to the veracity of the information contained in the application; and shall submit proof of status as guardian.

          If a dependent of a deceased veteran entitled to a bonus is a minor or is mentally incompetent to apply and if the dependent is not the ward of a legally appointed and acting guardian, the application may be made by and the bonus paid to the person or entity who is the committee, curator, or conservator under the laws of the state of residence of the incompetent or who is otherwise legally vested with the care of the incompetent. If there is no committee, curator, conservator, or other individual or entity, application may be made by and the bonus paid to the chief officer of the hospital or institution in which the incompetent is placed if the officer is authorized to accept funds for the benefit of the incompetent. If the incompetent is not in a hospital or institution, application shall be made by the person designated by the Secretary of Veterans' Affairs to have assumed the major responsibility for care of the incompetent. Any payment may be held or used only for the benefit of the incompetent. Such an application shall be made as in the case of any other application made on behalf of another. The application shall be accompanied by a written statement by the designated person briefly describing the minor or incompetent person and stating an address to which related mail shall be directed.

          If there is no surviving spouse of a deceased veteran, but there is more than one living child of the deceased veteran, an application for a bonus may be made by or on behalf of each child separately or by or on behalf of two or more children jointly.

          If a bonus is payable to a minor widow of a deceased veteran, payment of the bonus shall be made directly to the minor widow.

          If there is no person entitled to apply for the benefits under SDCL 33A-2-10 through 33A-2-31, inclusive, no claim exists and no payment may be made.

          Source: 18 SDR 71, effective October 21, 1991; 38 SDR 58, effective October 19, 2011.

          General Authority: SDCL 33A-2-25.

          Law Implemented: SDCL 33A-2-13, 33A-2-17, 33A-2-22, 33A-2-23, 33A-2-24, 33A-2-25.