In re Opinion of the Justices

• Decision Date: 03 March 1931
• Citation: 154 A. 217
• Parties: In re OPINION OF THE JUSTICES.
• Court: New Hampshire Supreme Court

154 A. 217

In re OPINION OF THE JUSTICES.

Supreme Court of New Hampshire.

March 3, 1931.

Answers to questions propounded to the Justices of the Supreme Court by resolution of the Senate.

The Senate Bill providing for assistance to the aged was as follows "An Act Providing for assistance to the aged.

"Be it enacted by the Senate and House of Representatives in General Court convened:

"1. Assistance Established. For the more humane care and relief of aged, dependent persons, a system of old age assistance is hereby established. Such system of old age assistance shall be administered in each county of the state by the judge of probate and the register of probate, as hereinafter provided, and the cost of such assistance shall in the first instance be borne by the county; but the county shall be entitled to reimbursement from the cities and towns of which the beneficiaries are legal charges at the time application is made for such assistance; in the event of any aged seeking assistance who are not legal charges of any such cities or towns within the meaning of the laws of this state, then it shall be the duty of the county to render such assistance, subject to the conditions and provisions hereinafter set forth.

"2. Assistance, who may have. Old age relief or assistance shall be given to any person who,

"(a) has attained the age of 65 years.

"(b) is unable to support himself, either in whole or in part, and has no children or other persons able to support him and responsible for his support under the laws of New Hampshire.

"(c) has been a citizen of the United States for at least fifteen years before making application for old age assistance.

"(d) has been a resident of this state and the particular county in which he makes application, for at least fifteen years immediately preceding his application for old age relief, but continuous residence in the state and county shall not be deemed to be interrupted by periods of absence therefrom if the total of such periods does not exceed three years; provided further that absence in service of the State of New Hampshire or of the United States shall not be deemed to interrupt residence in this state or any county thereof, if a domicile be not acquired outside the state or county.

"(e) is not at the time of making application an inmate of any prison, jail, workhouse, infirmary, insane asylum, or any other public correctional institution.

"(f) during the period of ten years immediately preceding such date has not been imprisoned for a felony.

"(g) if a husband, has not without just cause failed to support his wife and his children under the age of sixteen years for six months or more during the ten years preceding the date of application for old age assistance.

"(h) has not, within one year preceding said application for old age assistance been a habitual tramp, beggar, or drunkard.

"(i) has not made a voluntary assignment or transfer of property for the purpose of qualifying for such assistance.

"3. Persons Excluded. Old age assistance shall not be granted or paid to a person:

"(a) While or during the time he is an inmate of, and receives the necessities of life from any charitable institution, maintained by the state or any of its political subdivisions, or of a private charitable benevolent, or fraternal institution, or home' for the aged, except in the case of temporary medical or surgery care in the hospital.

"(b) Is not on account of his physical or mental condition in need of continued institutional care.

"(c) If the value of his property, or the value of the combined property of husband and wife living together, exceeds two thousand dollars.

"(d) Who has deprived himself directly or indirectly of any property for the purpose of qualifying for old age assistance.

"4. Assistance Recovered. On the deatli of a person who has been assisted under the provisions of this act, or of the survivor of a married couple, both of whom were so assisted, the total amount paid together with simple interest at four per cent annually shall be allowed and deducted from the estate of such person or persons by the probate court of the county from which such assistance was obtained. The amount so recover ed shall be paid into the treasury of the county, town or city which may have contributed toward such old age assistance received by the deceased, or by the married couple of which the deceased was the survivor.

"5. Register of Probate May Be Trustee or Beneficiary. If the judge of probate in any county in this state deems it necessary, he may require as a condition to the grant, of such assistance, that all or any part of the property of an applicant be transferred to the register of probate of such county as trustee and such property shall be managed by said register as trustee aforesaid who shall pay net income to the person or persons entitled thereto, after deducting all necessary expenses incurred in the management thereof. The said register as trustee shall have the power to sell, lease or transfer such property, or defend and prosecute all suits covering it, and to pay all just claims against it, and to do all other things necessary for the protection, preservation and management of the property.

"6. Assistance Recovered. If in the event that old age assistance is discontinued during the life time of the beneficiary the property transferred, as provided in the preceding section exceeds the total amount paid, with simple interest at the rate of four per cent annually, the remainder of such property, or the proceeds thereof, shall be returned to the beneficiary, and in the event of his death, such remainder shall be considered the property of the beneficiary for proper administration proceedings. The register of probate, under direction of the judge of probate, shall execute and deliver all necessary instruments to give effect to the preceding section.

"7. Claim on Insurance. If a person, who has received relief and care at public expense, shall die leaving insurance, and the estate of the assured is named as beneficiary, or no beneficiary is named, the judge of probate shall be entitled to a preferred claim to be paid out of such insurance, to the amount of the cost of such relief, care and assistance, and for funeral expenses not to exceed one hundred and twenty-five dollars. If the insured leaves a widow or minor children who are, or may become public charges, the judge of probate, may, in his discretion, waive his claim to such insurance or any part thereof to which he would otherwise be entitled.

"8. Legal Aid. The attorney general, or the county solicitor, at, the request of the judge of probate or the register of probate, shall take the necessary proceedings and represent and advise said officials in respect to any matters arising under this act.

"9. Application for Assistance. An applicant for old age assistance shall file his application in writing with the register of probate of the county in which he resides, in such manner and form as shall be prescribed by the judge of probate. All statements in the applications shall be sworn to by the applicant, setting forth that all facts are true in every material point.

"10. The Judge of Probate to Decide on Application. The judge of probate shall promptly make or cause to be made, such investigation as he may deem necessary. He shall decide upon the application, and fix the amount of old age assistance, if any, and such decisions shall be final; provided, however, that he may at any time reduce or discontinue entirely such assistance granted to any beneficiary. An applicant, whose application for old age assistance has been rejected, or whose allowance has been stopped, may not again apply for assistance until the expiration of six months from the date of his previous application. The applicant shall be entitled to a full and complete hearing, and shall be allowed to present all necessary evidence in support of his application.

"11. The amount of aid to which any person shall be entitled shall be fixed with due regard to the condition existing in each case, but in no event shall it exceed, when added to the income of the applicant from all other sources, the sum of seven dollars and fifty cents per week.

"12. Assistance Certificate, Conditions, Revocation, Recovery of Excess.

"(a) The judge of probate shall issue to each applicant to whom old age assistance is allowed, a certificate stating the date upon which payments shall commence and the amount of each installment, which may be weekly or monthly, as the judge may decide.

"(b) Each beneficiary under the provision of this act shall file such reports with the register of probate as the judge may from time to time require. If it appears at any time that the applicant's circumstances have changed, the judge may revoke or modify any certificate issued, but not before allowing said applicant a hearing as hereinbefore set forth. Any sum paid in excess of the amount due under the provisions of said section shall be returned to the county, and shall be recoverable as a debt due the county, and such part of said refund as may be due any city or town shall be returned thereto upon its receipt by the county treasurer.

"13. Funeral Expenses. On the death of the beneficiary such reasonable funeral expenses for burial shall be paid to such person as the judge of probate may direct; provided, that the expenses do not exceed one hundred and twenty-five dollars, and provided further that the estate of the deceased is insufficient; to defray said expenses.

"14. Assistance, Exclusive Relief, Guardian.

"(a) During the continuance of old age assistance no beneficiary shall receive any other relief from the state or from any political subdivision thereof, excepting medical and surgical assistance.

"(b) If the beneficiary on the testimony of at least three disinterested and reputable witnesses, is found incapable of taking care of himself or his money, the...