This section defines terms used in the chapter related to veterans' homes. "Home" refers to any facility offering healthcare and living services to veterans, located at several sites across California. "Administrator" is the head of a home while the "Department" refers to the Department of Veterans Affairs overseeing these homes. "Member" is someone who resides in a veterans' home, and can be a veteran, or their spouse or partner. The "Secretary" is the Secretary of Veterans Affairs overseeing the department. A "Veteran" has a specific meaning according to federal law. Finally, an "Applicant" is someone eligible applying to live in a veterans' home.
As used in this chapter:
(a)CA Military and Veterans Code § 1010(a) “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. The Veterans’ Home of California system is comprised of the following subsidiary home locations:
(1)CA Military and Veterans Code § 1010(a)(1) The Veterans’ Home of California, Yountville, in Napa County.
(2)CA Military and Veterans Code § 1010(a)(2) The Veterans’ Home of California, Barstow, in San Bernardino County.
(3)CA Military and Veterans Code § 1010(a)(3) The Veterans’ Home of California, Chula Vista, in San Diego County.
(4)CA Military and Veterans Code § 1010(a)(4) The Veterans’ Home of California, West Los Angeles, in Los Angeles County.
(5)CA Military and Veterans Code § 1010(a)(5) The Veterans’ Home of California, Lancaster, in Los Angeles County.
(6)CA Military and Veterans Code § 1010(a)(6) The Veterans’ Home of California, Ventura, in Ventura County.
(7)CA Military and Veterans Code § 1010(a)(7) The Veterans’ Home of California, Fresno, in Fresno County.
(8)CA Military and Veterans Code § 1010(a)(8) The Veterans’ Home of California, Redding, in Shasta County.
(b)CA Military and Veterans Code § 1010(b) “Administrator” means the senior executive appointed to operate a home.
(c)CA Military and Veterans Code § 1010(c) “Department” means the Department of Veterans Affairs.
(d)CA Military and Veterans Code § 1010(d) “Member” means a veteran or nonveteran spouse or domestic partner who
has been admitted to residency at a veterans’ home.
(e)CA Military and Veterans Code § 1010(e) “Secretary” means the Secretary of Veterans Affairs.
(f)CA Military and Veterans Code § 1010(f) “Veteran” has the same meaning as defined in Section 101(2) of Title 38 of the United States Code.
(g)CA Military and Veterans Code § 1010(g) “Applicant” means an eligible veteran or nonveteran spouse or domestic partner who is applying for admission to a home.
veterans' homes long-term care assisted living adult day health independent living veterans healthcare department of veterans affairs veterans residency admission to veterans' home Veterans' Home locations in California veterans eligibility veterans home administrator veteran definition applicant eligibility nonveteran spouse admission
(Amended by Stats. 2024, Ch. 140, Sec. 1. (SB 1529) Effective January 1, 2025.)
This law establishes a system known as the Veterans' Home of California. Each home in this system will have an administrator who is recommended by the Secretary of Veterans Affairs and appointed by the Governor. These administrators work on-site at their respective locations and their salaries need approval from the Department of Human Resources.
(a)CA Military and Veterans Code § 1011(a) There is in the department a Veterans’ Home of California system, as defined in subdivision (a) of Section 1010.
(b)CA Military and Veterans Code § 1011(b) There shall be an administrator for each home or homesite in that system, who shall be recommended by the Secretary of Veterans Affairs and appointed by the Governor, and shall be located at that home or homesite. The salary for each administrator shall be subject to the approval of the Department of Human Resources.
Veterans' Home of California home administrator Secretary of Veterans Affairs Governor appointment Department of Human Resources salary approval veterans housing California veterans veterans affairs home site location administrative roles for veterans homes
(Repealed and added by Stats. 2017, Ch. 28, Sec. 42. (SB 96) Effective June 27, 2017.)
This section outlines who is eligible to live in California veteran homes, focusing on aged or disabled military veterans and their spouses or domestic partners. It specifies that eligible veterans must have been honorably discharged, qualify for VA health benefits, and be state residents at application time. Spouses or partners can be admitted if they meet certain residency and relationship criteria. The law gives priority admission to Medal of Honor recipients, former POWs, and those with high disability ratings, and allows for need-based criteria for admission. It also indicates that spouses or partners may remain in the home after the veteran's death, provided they continue paying fees. The property must be used as a home for veterans and their partners.
(a)CA Military and Veterans Code § 1012(a) Except as provided in Sections 1012.4, 1023, and 1023.1, the homes are for aged or disabled persons who served in the Armed Forces of the United States of America who were discharged or released from active duty under conditions other than dishonorable, who are eligible for health care benefits, hospitalization, or domiciliary care in a veterans’ facility in accordance with the rules and regulations of the United States Department of Veterans Affairs, and who are bona fide residents of this state at the time of application; and for the spouses or domestic partners of these persons if all of the following conditions, as are
applicable, are satisfied:
(1)CA Military and Veterans Code § 1012(a)(1) Space is available.
(2)CA Military and Veterans Code § 1012(a)(2) The veteran and the spouse or domestic partner will maintain joint residency in accordance with rules established by the department.
(3)CA Military and Veterans Code § 1012(a)(3) The spouse or domestic partner is a bona fide resident of this state at the time of application for admission to the home and either is married to, and has resided with, the veteran applicant for at least one
year, or is the surviving spouse or domestic partner of a recipient of the Medal of Honor or a former prisoner of war (POW).
(b)Copy CA Military and Veterans Code § 1012(b)
(1)Copy CA Military and Veterans Code § 1012(b)(1) Veterans who qualify for benefits under this chapter who are recipients of the Medal of Honor or who were
POWs shall be given priority over all other qualified veterans.
(2)CA Military and Veterans Code § 1012(b)(2) Veterans who qualify for benefits under this chapter who have been rated by the United States Department of Veterans Affairs as being 70 percent or greater service-connected disabled may be given priority over other
veterans who do not qualify for prioritization under paragraph (1).
(3)CA Military and Veterans Code § 1012(b)(3) The secretary may establish needs-based criteria for admission to the homes, and any veteran meeting those criteria may be given priority over veterans who do not qualify for prioritization under paragraph (1) or (2) and can afford to provide for their own care elsewhere.
(4)CA Military and Veterans Code § 1012(b)(4) Paragraphs
(2) and (3) shall not apply to veterans who, as of January 1, 2018, are on a wait list awaiting admission to a home.
(5)CA Military and Veterans Code § 1012(b)(5) Veterans who qualify for benefits under this chapter due to service during a time of war may be given priority over veterans who qualify due to service during a time of peace.
(c)CA Military and Veterans Code § 1012(c) A member spouse or domestic partner may continue
residency after the veteran’s death so long as they continue to pay all applicable fees.
(d)CA Military and Veterans Code § 1012(d) The property of the home shall be used for this purpose.
veteran homes eligibility disabled veterans spousal residency Medal of Honor priority former POW priority service-connected disability veteran spouse rights California resident requirement veterans' benefits war service priority needs-based admission waitlist exclusion VA health benefits veterans' home property use posthumous residency
(Amended by Stats. 2024, Ch. 140, Sec. 2. (SB 1529) Effective January 1, 2025.)
This law explains that before someone joins, or while they are part of a home, the department can check their finances or criminal history to see if they qualify and can't pay for care elsewhere. If someone lies about or leaves out important information, or doesn't pay required fees, they might be fined, not allowed to move in, or be asked to leave the home.
(a)CA Military and Veterans Code § 1012.1(a) Prior to the admission of an applicant, and at any time during which a person is a member of a home, the department may investigate an applicant’s or member’s financial status or
criminal
background to determine the applicant’s or member’s income, assets, and suitability for residency at a home, or to ensure that the applicant or member is unable to pay for necessary hospital or domiciliary care outside of the home. The department may contract with any other state, federal, or private agency to conduct the investigation
on its behalf.
(b)CA Military and Veterans Code § 1012.1(b) Omitting or falsifying financial, criminal, medical, or other information by an applicant or member or nonpayment of fees may be grounds for financial penalties or denial of admission to, or discharge from, a home.
financial investigation criminal background check residency suitability income verification asset assessment payment inability hospital care eligibility domiciliary care home residency requirements information falsification grounds for discharge admission denial financial penalties nonpayment of fees applicant investigation
(Amended by Stats. 2024, Ch. 140, Sec. 3. (SB 1529) Effective January 1, 2025.)
If you're a member of a veterans' home and you're getting an allowance from the VA to help with your own care, you need to pay that allowance to the home for all types of care, except for basic residential or domiciliary care.
However, if you're in intermediate or skilled nursing care and have a major service-related disability (70% or more) as per VA guidelines, you don't have to pay this allowance to the home.
(a)CA Military and Veterans Code § 1012.2(a) Notwithstanding any other law, any member of the home who is receiving an aid and attendance allowance from the United States Department of Veterans Affairs for the member’s own care shall pay to the home an amount equal to that allowance in all levels of care excluding domiciliary.
(b)CA Military and Veterans Code § 1012.2(b) Subdivision (a) shall not apply to a member of a home who is in intermediate care or skilled nursing care and has a disability that has been rated by the United States Department of Veterans Affairs as being 70 percent or more service-connected, as determined under Part 4 of Title 38 of the Code of Federal Regulations.
veterans' allowance domiciliary care intermediate care skilled nursing care VA disability rating service-connected disability aid and attendance allowance veterans care payment Code of Federal Regulations veterans' home policy disability compensation exceptions VA benefits home care cost responsibility service-related disabilities care allowance payment
(Amended by Stats. 2019, Ch. 29, Sec. 123. (SB 82) Effective June 27, 2019.)
This law outlines the fees that members of a home, including nonveteran spouses or partners, must pay for room, board, and other expenses. These fees depend on the type of care received: 47.5% of their annual income for basic living, 55% for elderly or assisted living care, 65% for intermediate care, and 70% for skilled nursing care. However, veterans with a disability rated at 70% or more that is service-connected, who are in intermediate or skilled nursing care, are exempt from these fees when certain VA payments apply. The law also states that penalties for late payments are not under these rules, and not paying fees can lead to collection actions or dismissal from the home.
(a)CA Military and Veterans Code § 1012.3(a) Members of a home, including members who are nonveteran spouses or domestic partners, shall pay fees as determined by the department to cover room and board and other expenses defined in regulations, except that the total of the individual member’s fees for any fiscal year shall not be greater than as set forth in the following schedule:
(1)CA Military and Veterans Code § 1012.3(a)(1) Forty-seven and one-half percent of the member’s annual income for domiciliary care.
(2)CA Military and Veterans Code § 1012.3(a)(2) Fifty-five percent of the member’s annual income for residential care for the elderly or assisted living.
(3)CA Military and Veterans Code § 1012.3(a)(3) Sixty-five percent of the member’s annual income for intermediate care.
(4)CA Military and Veterans Code § 1012.3(a)(4) Seventy percent of the member’s annual income for skilled nursing care.
(b)CA Military and Veterans Code § 1012.3(b) Subdivision (a) shall not apply to a member of a home who is in intermediate care or skilled nursing care and has a disability that has been rated by the United States Department of Veterans Affairs as being 70 percent or more service-connected, as determined under Part 4 of Title 38 of the Code of Federal Regulations and whose related payments made under Section 51.41 of Title 38 of the Code of Federal Regulations are considered by the United States Department of Veterans Affairs as payment in full for the member’s care.
(c)CA Military and Veterans Code § 1012.3(c) Subdivision (a) shall not apply to penalties for late fee payment.
(d)CA Military and Veterans Code § 1012.3(d) Failure to pay the required fees may be cause for the administrator to refer the
member to collections or dismiss the member from the home.
veteran home fees domiciliary care fees assisted living fees intermediate care fees skilled nursing care fees nonveteran spouse fees room and board expenses disability exemption service-connected disability VA payments late fee penalties collections process dismissal from home
(Amended by Stats. 2017, Ch. 28, Sec. 46. (SB 96) Effective June 27, 2017.)
This law allows the California Department of Veterans Affairs to work with the U.S. Department of Veterans Affairs to provide outpatient medical services at California Veterans’ Homes to veterans and their dependents who aren't living there. It permits the state to set rates for reimbursement from the federal government for these services and establish fees that the veterans and other beneficiaries approved by the U.S. Department of Veterans Affairs might need to pay. These rules can apply to any veterans' home managed by the department.
Notwithstanding Section 1012, the department may arrange by contract or any other form of agreement with the United States Department of Veterans Affairs to do all of the following:
(a)CA Military and Veterans Code § 1012.4(a) Authorize veterans, collateral dependents, and other beneficiaries authorized by the United States Department of Veterans Affairs, who are not members of a Veterans’ Home of California, to receive outpatient medical services at that home.
(b)CA Military and Veterans Code § 1012.4(b) Establish rates for reimbursement from the federal government to the State of California for outpatient services rendered by a Veterans’ Home of California to veterans who are authorized under subdivision (a).
(c)CA Military and Veterans Code § 1012.4(c) Establish and charge fees for outpatient services rendered by a Veterans’ Home of California.
(d)CA Military and Veterans Code § 1012.4(d) The outpatient services and reimbursement procedures authorized under subdivisions (a), (b), and (c) may be established for any veterans’ home established by the department.
outpatient medical services California Veterans’ Homes veterans benefits collateral dependents U.S. Department of Veterans Affairs agreement medical reimbursement federal government reimbursement veterans healthcare fees veteran outpatient services veterans home management
(Amended by Stats. 2017, Ch. 28, Sec. 47. (SB 96) Effective June 27, 2017.)
This law states that any property transferred to and accepted by the State under a specific 1897 statute, along with any additional property given for the home, automatically becomes property of the home. It means that the ownership doesn't need to be individually described in this law for it to be officially recognized as belonging to the home.
All property conveyed to and accepted by the State under the provisions of Chapter 101, Statutes of 1897, and any other property conveyed to and accepted for the home shall be the property of the home the same as though the description of such property and acceptance thereof were herein set forth.
property transfer State property acceptance property ownership conveyed property Statutes of 1897 home property legal property description state acceptance property conveyance ownership recognition state-owned home property belonging property acquisition
(Enacted by Stats. 1935, Ch. 389.)
This section allows the department to be involved in legal actions and manage properties related to veterans' homes. It holds the property for the state's benefit and must adhere to state and federal regulations when managing these homes. The department, with the secretary's approval, can lease out unused property to others if it's in the best interest of the home and its members, and the income from these leases goes to the General Fund.
(a)CA Military and Veterans Code § 1023(a) The department may sue and be sued in any of the courts of this state. All property held by the department for a home shall be held in trust for the state and for the use and benefit of the home. The department shall manage the homes and administer their affairs, and, subject to the direction of the secretary, adopt rules and regulations for the government of the homes in conformity, as nearly as possible, to applicable state and federal rules and regulations, including, but not limited to, the United States Department of Veterans Affairs regulations.
(b)CA Military and Veterans Code § 1023(b) With the consent of the secretary, the Director of General Services may lease or let any real property held by the department
for a home, and not needed for any direct or immediate purpose of the home, to any entity or person upon terms and conditions determined to be in the best interests of the home and its members. In any leasing or letting, except as provided in Section 1049, all moneys received in connection therewith shall be deposited in the General Fund.
veterans' homes property management state trust legal actions rule adoption federal regulations compliance lease agreements Director of General Services home benefit income deposit unused property leasing United States Department of Veterans Affairs property use General Fund secretary's consent
(Amended by Stats. 2020, Ch. 61, Sec. 2. (AB 240) Effective January 1, 2021.)
This section outlines rules about leasing real property held by a department for use as a home. Generally, such leases cannot exceed five years unless specific exceptions apply. Exceptions include leases to local governments or nonprofit organizations serving veterans and existing contracts made before January 1, 2021. Leases made before this date can be renegotiated but not extended beyond the five-year limit unless they meet these criteria. Other leases can only exceed five years with legislative approval.
(a)CA Military and Veterans Code § 1023.1(a) A lease of real property held by the department for a home shall not exceed five years, unless one of the following apply:
(1)CA Military and Veterans Code § 1023.1(a)(1) The lessee is a town, city, county, or city and county, or a political subdivision thereof, where the home is located.
(2)CA Military and Veterans Code § 1023.1(a)(2) The lessee is a nonprofit organization that provides services exclusively for veterans of the Armed Forces of the United States and their families.
(3)CA Military and Veterans Code § 1023.1(a)(3) The contract for the lease with the department or the Director of General Services was executed before January 1, 2021.
(b)CA Military and Veterans Code § 1023.1(b) The department or the Director of General Services and a lessee may renegotiate the terms of the contract described in paragraph (3) of subdivision (a), except that any terms regarding the duration or renewal of the contract shall not be extended, unless those terms meet the requirements of this section.
(c)CA Military and Veterans Code § 1023.1(c) A lease contract with any other party may be granted for a term greater than five years only with the approval of the Legislature by statute.
real property lease lease term limitation home lease veterans services nonprofit organization lease local government lease property lease exceptions contract renegotiation lease approval legislative authorization Director of General Services lessee lease contract property held by department lease duration
(Added by Stats. 2020, Ch. 61, Sec. 3. (AB 240) Effective January 1, 2021.)
This law outlines rules for using real estate owned by the department for homes. Anyone using the property must ensure the use benefits the home and its members, fits well with the home’s character, and pays a fair amount for the use, considering the benefits. If there's a risk of harm, the user must have insurance to cover potential damages and liabilities for the state, the home, and its residents.
Each usage agreement must be in writing, explaining how it meets these conditions, signed with the department or the Director of General Services. Benefits from the property use can include activities that boost the morale and welfare of home members.
(a)CA Military and Veterans Code § 1023.2(a) The general purpose of any use, other than an easement, of real property held by the department for a home by a person or entity, other than the home or a resident of the home, shall meet all of the following criteria, as determined by the secretary:
(1)CA Military and Veterans Code § 1023.2(a)(1) Provide substantial and direct benefits to the home and its members.
(2)CA Military and Veterans Code § 1023.2(a)(2) Be appropriate and compatible with the nature of the home.
(3)CA Military and Veterans Code § 1023.2(a)(3) Compensate the department in an amount that approximates fair market value, taking into consideration the value of the benefit provided to the home’s
members and the investment by the lessee in the property development of the home.
(4)CA Military and Veterans Code § 1023.2(a)(4) When the use contemplated carries a reasonable risk of injury or loss to the state, the home, or the members of the home, that use is appropriately insured by the lessee to cover those risks and to insure home residents, the department, and the state against liability.
(b)CA Military and Veterans Code § 1023.2(b) Each use, other than an easement, of real property held by the department for a home by a person or entity, other than the home or a resident of the home, shall be governed by a written agreement between the department or the Director of General Services and the person or entity using the real property that establishes exactly how the person or entity meets the criteria in subdivision (a).
(c)CA Military and Veterans Code § 1023.2(c) For the purposes of this section, a benefit may include any function or activity that enhances the morale, welfare, and recreation of the home’s members.
real estate use department property home benefits fair market value compensation property lease agreement risk insurance coverage resident morale property development investment lessee obligations written usage agreement General Services Director morale and welfare enhancement liability insurance property compatibility
(Added by Stats. 2020, Ch. 61, Sec. 4. (AB 240) Effective January 1, 2021.)
This law states that for services and programs managed by the department and related to the United States Department of Veterans Affairs, the facilities must allow inspections by the Secretary of the United States Department of Veterans Affairs or their authorized representative at any time.
For those services and programs administered by the department and within the purview of the United States Department of Veterans Affairs, appropriate facilities of the home shall be open at any time to the inspection of the Secretary of the United States Department of Veterans Affairs or the secretary’s authorized representative.
veterans affairs services facility inspections authorized representative inspection accessibility department programs veteran services administration facility management Secretary of Veterans Affairs veteran program compliance inspection authority home facilities federal oversight United States Department of Veterans Affairs veteran administration oversight facility access
(Amended by Stats. 2020, Ch. 61, Sec. 5. (AB 240) Effective January 1, 2021.)
This law allows the California department to make contracts with federal or other governmental entities, private individuals, or corporations so that disabled veterans living in veterans' homes can perform services or produce goods. The money earned from these contracts, after subtracting any operating costs, is given to the disabled veterans who did the work.
The department may enter into contracts with the United States or any agency thereof, any governmental agency, any person, or any corporation for the performance of services or manufacture of articles by disabled members of the homes. The proceeds of a contract described in this section, less the actual operating expenses, shall be paid to the individual disabled veterans who perform the services or labor.
disabled veterans contracts government agencies manufacture of articles services by disabled members veterans' homes operating expenses contract proceeds performance of services labor payment employment opportunities disabled members veteran compensation veteran services manufacturing services
(Amended by Stats. 2017, Ch. 28, Sec. 55. (SB 96) Effective June 27, 2017.)
This law allows a department to make agreements with U.S. government agencies and other governmental bodies to offer vocational training courses specifically for disabled veterans. These veterans must have been genuine residents of the state for at least five years to qualify.
The department may enter into contracts with the United States or any agency thereof and any other governmental agency for the purpose of providing courses of vocational training for disabled veterans who have been bona fide residents of this state for five years.
vocational training disabled veterans contracts governmental agency agreements resident requirement U.S. government agencies veteran services California residency veteran training programs five-year residency disabled veteran support veteran benefits program government contracts for training veteran education state residency criteria
(Amended by Stats. 1968, Ch. 490.)
This law allows for the establishment of a volunteer program for members of veterans homes, where they can receive a stipend for their participation. The stipend is dependent on available funding and must be approved by the Director of Finance. The program should be therapeutic and must not disrupt the care or services provided to members. A member must be medically approved to volunteer, ensuring it benefits their health. Volunteers are not considered employees and cannot replace civil servant roles. They can leave the program at any time without having to give notice, and stipends are exempt from certain fee collections.
(a)Copy CA Military and Veterans Code § 1032(a)
(1)Copy CA Military and Veterans Code § 1032(a)(1) The department may fix a schedule of stipends for members who volunteer to support veterans home operations.
(2)CA Military and Veterans Code § 1032(a)(2) A stipend is subject to the availability of funding and to the approval of the Director of Finance.
(b)CA Military and Veterans Code § 1032(b) A member volunteerism program pursuant to this section shall be therapeutic in nature and shall not interfere with the home’s ability to best care for and serve the member.
(c)CA Military and Veterans Code § 1032(c) A member shall only perform volunteer work in accordance with this section if the
chief medical officer of the home, or their designee, determines that the member is medically appropriate for volunteer work and would receive a therapeutic benefit from volunteering.
(d)Copy CA Military and Veterans Code § 1032(d)
(1)Copy CA Military and Veterans Code § 1032(d)(1) A member performing volunteer work is not, and shall not displace, a civil servant or otherwise be considered an employee, or displace an employee, of the department.
(2)CA Military and Veterans Code § 1032(d)(2) Rules governing a member volunteerism program shall not conflict with state or federal law defining employment.
(e)CA Military and Veterans Code § 1032(e) Volunteer stipends are not subject to fee collections pursuant to Section 1012.3.
(f)CA Military and Veterans Code § 1032(f) A member may disenroll from a member volunteerism program at any time and without notice.
veterans home volunteer program member stipends therapeutic volunteerism Director of Finance approval medical clearance for volunteering civil servant non-displacement employment definition compliance volunteer disenrollment funding availability fee exemption for stipends
(Repealed and added by Stats. 2024, Ch. 141, Sec. 2. (SB 1530) Effective January 1, 2025.)
This law explains that the department can pay insurance premiums for its members who must have certain health coverage, including Medicare and Medicaid. It can also cover copayments and deductibles for veterans receiving care, but any medical costs beyond these are the member's responsibility. Members must have basic medical insurance when they enter and live in a veterans' home, following all relevant laws and rules.
(a)CA Military and Veterans Code § 1033.1(a) The department may pay the premiums on behalf of its members who are required to participate in eligible coverage, including medical assistance provisions contained in Title XVIII and Title XIX of the federal Social Security Act, from funds appropriated for the support of a home.
(b)CA Military and Veterans Code § 1033.1(b) The department may pay for copayments and deductibles for members receiving care under the limitations of the veterans’ home medical program and under the direction of the veterans’ home physician. Medical expenditures in excess of the premiums, copayments, and deductibles are the responsibility of the member.
(c)CA Military and Veterans Code § 1033.1(c) When entering a home and while residing in a home, a member is
required to obtain and maintain basic medical insurance policies that are in accordance with all applicable state and federal laws and regulations.
insurance premiums Medicare Medicaid veterans' home medical assistance medical insurance copayments deductibles veterans' home physician medical expenditures basic medical insurance state and federal laws health coverage requirements
(Repealed and added by Stats. 2017, Ch. 28, Sec. 59. (SB 96) Effective June 27, 2017.)
This law mandates that any money a home receives, except state-disbursed funds, must be given to the home's administrator. The administrator must then send all money, excluding pensions, personal member funds, trust money, and donations, to the State Treasurer. The money sent should include a report on its origins. The State Treasurer deposits these funds into the General Fund. However, funds reducing support costs go back to the support budget in place when collected.
Except money received from this state for disbursement, all moneys received by a home, or by an officer of a home, including pension and other moneys belonging to members and other trust moneys, shall be immediately paid to the administrator of the home. The administrator of each home shall forward to the State Treasurer all moneys in the administrator’s possession, except pension and other moneys belonging to members, trust moneys, and donations made to each home, together with a statement of the sources from which the moneys have been received. The moneys shall be deposited by the State Treasurer to the credit of the General Fund; provided, however, that abatements of support expenditures shall be credited to the support appropriation current at the time of collection.
home administrator state treasurer pension funds trust moneys donations general fund support expenditures financial disbursement fund management source statement member funds support appropriation financial reporting money handling abatements of support
(Amended by Stats. 2019, Ch. 29, Sec. 126. (SB 82) Effective June 27, 2019.)
This law outlines how personal property and money of a deceased member held by a home should be handled after their death. For members who joined on or after January 1, 1984, the property is held in trust and given to their heirs without needing to go through probate, once proper proof is shown. The home can also use the funds to pay for any funeral costs or debts, including excess care costs, with extra funds going to a specific welfare fund. For members who joined before 1984, the funds are similarly held in trust, but are distributed directly to immediate family members under the same conditions.
(a)Copy CA Military and Veterans Code § 1035(a)
(1)Copy CA Military and Veterans Code § 1035(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)CA Military and Veterans Code § 1035(a)(2) This subdivision applies only to veterans, spouses, and domestic partners becoming members of a home on or after January 1, 1984.
(b)Copy CA Military and Veterans Code § 1035(b)
(1)Copy CA Military and Veterans Code § 1035(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)CA Military and Veterans Code § 1035(b)(2) This subdivision applies only to veterans, spouses, and domestic
partners who have become members of a home prior to January 1, 1984.
personal property handling trust death of member proof to administrator probate exception heirs funeral expenses obligations to home cost of care Morale Welfare Recreation Fund veterans members of home spouses domestic partners family distribution
(Amended by Stats. 2017, Ch. 28, Sec. 62. (SB 96) Effective June 27, 2017.)
This section explains what happens to the money and personal belongings of a veteran who passes away. If there are no heirs or a will, the balance goes to the Morale, Welfare, and Recreation Fund, which supports veterans’ homes. If the estate is worth $15,000 or less, the veterans’ home can collect the property without formal legal proceedings by using an affidavit. This process applies to veterans and their partners who joined the home on or after January 1, 1984.
Additionally, it outlines the process for those who joined before that date, giving the state similar rights to receive property when there are no immediate family members. The law ensures the home is treated as the decedent's beneficiary for property distribution purposes.
(a)Copy CA Military and Veterans Code § 1035.05(a)
(1)Copy CA Military and Veterans Code § 1035.05(a)(1) All moneys and other personal property of any member other than that described in Section 1035 shall, upon the death of the member, first be paid to the administrator for payment of funeral expenses or any obligation owed to any home remaining unpaid after the disbursement required by Section 1035 is completed; and second, in the absence of an heir or heirs or a will, pass and descend to and become the property of the state for credit to the Morale, Welfare, and Recreation Fund. If the total value of that property in the state over and above any amounts due the veteran for services in the Armed Forces of the United States or from any other employment does not exceed fifteen thousand dollars ($15,000), the home may, without procuring letters of
administration, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness, or right transferred to it upon furnishing the person, representative, corporation, official, or body owning the money, having custody of the property, or acting as registrar or transfer agent of the evidence of that interest, indebtedness, or right, with an affidavit showing the right of the home to receive the money or property or to have the evidences transferred. The receipt of the home shall constitute sufficient acquittance for any payment of money or delivery of property made pursuant to this section and shall fully discharge that person, representative, corporation, officer, or body from any further liability with reference thereto, without the necessity of inquiring into the truth of any of the facts stated in the affidavit. However, that payment or transfer does not preclude administration when necessary to enforce payment of the decedent’s debts, and the
administrator may, upon proof determined to be sufficient, pay the debts directly and without administration.
(2)CA Military and Veterans Code § 1035.05(a)(2) This subdivision applies only to veterans, spouses, and domestic partners becoming members of a home on or after January 1, 1984.
(b)Copy CA Military and Veterans Code § 1035.05(b)
(1)Copy CA Military and Veterans Code § 1035.05(b)(1) All moneys and other personal property of any member other than that described in Section 1035 shall, upon the death of the member, in the absence of a spouse, domestic partner, children, grandchildren, or father or mother, pass and descend to and become the property of the state for credit to the Morale, Welfare, and Recreation Fund. If the total value of that property in the State of California over and above any amounts due the veteran for services in the Armed Forces of the United States or from any other employment does not exceed fifteen thousand dollars ($15,000), the home may, without procuring letters
of administration or awaiting probate of any will, collect any money due the decedent, receive the property of the decedent and have any evidences of interest, indebtedness, or right transferred to it upon furnishing the person, representative, corporation, official, or body owning the money, having custody of that property, or acting as registrar or transfer agent of the evidence of that interest, indebtedness, or right, with an affidavit showing the right of the home to receive that money or property or to have those evidences transferred. The receipt of the home shall constitute sufficient acquittance for any payment of money or delivery of property made pursuant to this section and shall fully discharge the person, representative, corporation, officer, or body from any further liability with reference thereto, without the necessity of inquiring into the truth of any of the facts stated in the affidavit. However, the payment or transfer does not preclude administration when necessary to enforce payment of
the decedent’s debts, and the administrator may, upon proof determined to be sufficient, pay those debts directly and without administration.
(2)CA Military and Veterans Code § 1035.05(b)(2) This subdivision shall apply only to veterans, spouses, and domestic partners who have become members of a home prior to January 1, 1984.
(c)CA Military and Veterans Code § 1035.05(c) For the purpose of application to this section of the provisions of the Probate Code governing distribution of property, the home shall be deemed to be a beneficiary of the decedent.
veteran estate Morale Welfare and Recreation Fund heirless estates veterans’ homes affidavit use property distribution estate worth limit probate avoidance veteran member spouses and domestic partners home beneficiary status payment to state funeral expenses decedent debts property collection process
(Amended by Stats. 2017, Ch. 28, Sec. 63. (SB 96) Effective June 27, 2017.)
This law concerns members of veteran homes in California and their wills. If a member creates a will leaving part of their estate to an officer or employee of the home, that part of the will is void unless the officer or employee is a family member who could inherit without a will. This rule applies to those who joined the home on or after January 1, 1984. Additionally, for members who joined before this date, their wills can't leave money or personal property to anyone outside their immediate family, like their spouse, children, or parents, unless they weren't members at their time of death. This prevents misuse of will benefits by unrelated caregivers at these homes.
(a)Copy CA Military and Veterans Code § 1035.1(a)
(1)Copy CA Military and Veterans Code § 1035.1(a)(1) A will executed by a member who was a member of a home at the time of death, whether executed prior or subsequent to January 1, 1984, which purports to leave any part of the member’s estate to an officer or employee of a home, unless that officer or employee would be eligible to take by intestate succession under the probate laws of this state, is void as to that provision.
(2)CA Military and Veterans Code § 1035.1(a)(2) This subdivision shall apply only to veterans, spouses, and domestic partners becoming members of a home on or after January 1, 1984.
(b)Copy CA Military and Veterans Code § 1035.1(b)
(1)Copy CA Military and Veterans Code § 1035.1(b)(1) A will heretofore or hereafter executed by a member, whether executed before or after
admission to a home, shall not be valid as to any provision therein contained which purports to dispose, either directly or indirectly, of moneys or personal property to other than the spouse, domestic partner, children, grandchildren, or father or mother of the member. This section does not apply to any veteran, spouse, or domestic partner who is not a member of a home at the time of death.
(2)CA Military and Veterans Code § 1035.1(b)(2) This subdivision shall apply only to veterans, spouses, or domestic partners who became members of a home prior to January 1, 1984.
veteran homes will restrictions estate distribution intestate succession officer or employee beneficiary immediate family inheritance veteran will property disposal limitations home members member wills veteran estate inheritance rules estate to caregivers veteran membership date spouses and domestic partners
(Amended by Stats. 2017, Ch. 28, Sec. 64. (SB 96) Effective June 27, 2017.)
If a home's administrator decides that certain personal belongings of a deceased person have little monetary value, these items can be given right away to heirs, will beneficiaries, or others who ask for them. If no one claims the items within a year, the administrator can choose to destroy them or use them for the home's benefit.
Any personal property held by a home pursuant to Section 1035 that the administrator determines to be of no substantial monetary value may be immediately delivered to any heir, devisee, or legatee under a will of the deceased member, or to any other interested person who makes application therefor, or if unclaimed within one year, may be destroyed or used, as the administrator directs, for the benefit of the home or its members.
personal property heir devisee legatee will beneficiaries unclaimed property administrator's discretion benefit of the home items of no value application for property destroy unclaimed property use for home benefit interested person deceased member property disposal process
(Amended by Stats. 2017, Ch. 28, Sec. 65. (SB 96) Effective June 27, 2017.)
If a deceased veteran, spouse, or partner, who joined a veterans' home after January 1, 1984, has no will or heirs found within two years, any money they had that's $15,000 or less goes to the Morale, Welfare, and Recreation Fund. If no will or heir is found after five years and the amount exceeds $15,000, it also goes to the same fund.
For those who joined a veterans' home before January 1, 1984, the same rules apply regarding family members like spouses or children, where timelines and amounts are the same for directing money to the fund if no family is found.
(a)Copy CA Military and Veterans Code § 1035.3(a)
(1)Copy CA Military and Veterans Code § 1035.3(a)(1) If no will or heir is discovered within two years after the death of the member, any moneys not exceeding fifteen thousand dollars ($15,000) held by a home pursuant to Section 1035 and not paid or otherwise delivered to the heir or heirs or pursuant to the will of the deceased member, or otherwise disbursed by the administrator pursuant to Section 1035, shall be paid to the Morale, Welfare, and Recreation Fund.
(2)CA Military and Veterans Code § 1035.3(a)(2) If no will or heir is discovered within five years after the death of the member, any moneys exceeding fifteen thousand dollars ($15,000) held by a home pursuant to Section 1035 and not paid or otherwise delivered to the heir or heirs or pursuant to the will of the deceased member, or
otherwise disbursed by the administrator pursuant to Section 1035, shall be paid to the Morale, Welfare, and Recreation Fund.
(3)CA Military and Veterans Code § 1035.3(a)(3) This subdivision applies only to veterans, spouses, and domestic partners becoming members of a home on or after January 1, 1984.
(b)Copy CA Military and Veterans Code § 1035.3(b)
(1)Copy CA Military and Veterans Code § 1035.3(b)(1) If no spouse, domestic partner, child, grandchild, or father or mother is discovered within two years after the death of the member, any moneys not exceeding fifteen thousand dollars ($15,000) held by a home pursuant to Section 1035 and not paid or otherwise delivered to the spouse, domestic partner, children, grandchildren, or father or mother, or otherwise disbursed by the administrator pursuant to Section 1035, shall be paid to the Morale, Welfare, and Recreation Fund.
(2)CA Military and Veterans Code § 1035.3(b)(2) If no spouse, domestic partner, child, grandchild, or
father or mother is discovered within five years after the death of the member, any moneys exceeding fifteen thousand dollars ($15,000) held by a home pursuant to Section 1035 and not paid or otherwise delivered to the spouse, domestic partner, children, grandchildren, or father or mother, or otherwise disbursed by the administrator pursuant to Section 1035, shall be paid to the Morale, Welfare, and Recreation Fund.
(3)CA Military and Veterans Code § 1035.3(b)(3) This subdivision applies only to veterans, spouses, and domestic partners who have become members of a home prior to January 1, 1984.
veterans' home Morale Welfare and Recreation Fund no will heirs veteran's death spouse domestic partner money distribution inheritance unclaimed money veteran membership post-1984 members pre-1984 members discovery timeline fund allocation
(Amended by Stats. 2017, Ch. 28, Sec. 66. (SB 96) Effective June 27, 2017.)
This law explains what happens to personal belongings of veterans, their spouses, and domestic partners who lived in a home, and have passed away. If no one claims these items within a year, the administrator can sell them at auction or private sale after posting a notice for at least 10 days. The money from the sale goes to the Morale, Welfare, and Recreation Fund. There are different rules depending on whether the member joined before or after January 1, 1984.
(a)CA Military and Veterans Code § 1035.4(a) All personal property held or received by a home pursuant to Section 1035, other than moneys or property described in Section 1035.2, which is unclaimed by, or not otherwise delivered to, the heir or heirs or pursuant to the will of a deceased member within one year after death, may be sold by the administrator by public auction or private sale. The sale shall take place at a public place in the home, and notice of the sale shall be posted in that place at least 10 days previous to the date of the sale. The proceeds of the sale shall be credited to the Morale, Welfare, and Recreation Fund.
This subdivision applies only to veterans, spouses, and domestic partners becoming members of a home on or after January 1, 1984.
(b)CA Military and Veterans Code § 1035.4(b) All personal property held or received by a home pursuant to Section 1035, other than moneys or property described in Section 1035.2, which is unclaimed by, or not otherwise delivered to, the spouse, domestic partner, children, grandchildren, or father or mother of a deceased member within one year after death, may be sold by the administrator by public auction or private sale. The sale shall take place at a public place in the home, and notice of the sale shall be posted in that place at least 10 days previous to the date of the sale. The proceeds of the sale shall be credited to the Morale, Welfare, and Recreation Fund.
This subdivision applies only to veterans, spouses, and domestic partners who have become members of a home prior to January 1, 1984.
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(Amended by Stats. 2017, Ch. 28, Sec. 67. (SB 96) Effective June 27, 2017.)
This law requires that the administrator must give the heirs or designated recipients of a deceased member who joined a home after January 1, 1984, a detailed account of any charges made to the member’s money or personal belongings. In addition, any veteran who applies to join the home after this date must receive a written explanation about the limits and rules concerning how their money and personal items can be handled or distributed.
(a)CA Military and Veterans Code § 1035.5(a) The administrator shall provide to the heirs or devisees of every deceased member who became a member of a home on or after January 1, 1984, a statement or accounting of all charges made against the member’s money or personal property under Sections 1035 to 1035.4, inclusive.
(b)CA Military and Veterans Code § 1035.5(b) Every veteran applying for membership in a home on or after January 1, 1984, shall be furnished a written explanation of the limitations and restrictions on the right to dispose of money and personal property contained in Sections 1035 to 1035.4, inclusive.
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(Amended by Stats. 2017, Ch. 28, Sec. 68. (SB 96) Effective June 27, 2017.)
This section requires administrators to give each resident of a home a statement every three months detailing extra care costs beyond their regular fees. This statement must be clear and easy to understand. It must state that the information is for awareness only and explain that the home may use a resident's money or personal property to cover unpaid care costs if they pass away while residing there. Residents are encouraged to get legal advice to protect their assets. 'Costs of care in excess of the member fee' refers to costs not included in the regular fees, like some medical or dental services, as defined by Department of Veterans Affairs regulations. Any notices about these statements must be in large print for readability.
(a)CA Military and Veterans Code § 1035.6(a) The administrator shall provide each member of a home with a quarterly statement or accounting of all charges for the costs of care rendered to the member in excess of the member fee, as defined in subdivision (b). The quarterly statement or accounting of charges shall include, in plain, straightforward language, avoiding technical terms as much as possible and using a coherent and easily readable style, all of the following:
(1)CA Military and Veterans Code § 1035.6(a)(1) A statement that the charges for the excess costs of care are provided to the member for informational purposes only.
(2)CA Military and Veterans Code § 1035.6(a)(2) A statement that, if the member is a resident of a home at the time of
death, the home may use their money or personal property that is in possession of the home or outside the home for payment of unreimbursed costs of care.
(3)CA Military and Veterans Code § 1035.6(a)(3) A statement that advises the member to seek counsel from a legal expert to protect their assets.
(b)CA Military and Veterans Code § 1035.6(b) “Costs of care in excess of the member fee” means all costs that are not covered by the member contribution fee, including, but not limited to, the unreimbursed costs of medical or dental services rendered to the member, either by a home or under contract with a home. The Department of Veterans Affairs shall promulgate regulations specifying the costs that are in excess of the member contribution fee and constitute the unreimbursed costs of care.
(c)CA Military and Veterans Code § 1035.6(c) The quarterly
statement or accounting described in subdivision (a) and any notice relating to quarterly statements posted in a home shall be in 14-point font or larger.
quarterly statement extra care charges resident home costs unreimbursed care costs member fee excess asset protection advice Department of Veterans Affairs regulations clear communication 14-point font requirement medical costs dental services resident death asset use legal counsel recommendation resident financial statement quarterly accounting
(Amended by Stats. 2024, Ch. 129, Sec. 97. (SB 1097) Effective January 1, 2025.)

This law requires administrators of homes to provide new members with written notice about any potential extra costs they might incur beyond the standard member contribution fee. This notice must clearly explain situations where these extra costs can occur and specify that these costs are additional to the regular fees.
The notice should include examples of common extra costs members might face and inform them they will receive a quarterly summary of these costs, which is meant just for their information. Members should also be made aware that any unpaid extra costs might be settled with their money or belongings if they pass away while residing in the home.
The notice must suggest members speak with a legal expert to understand how to protect their assets and outline how fees and extra costs could change. Importantly, the notice should be easy to read and understand, avoiding complex terms. Members need to sign the notice to show they understand it, and a copy should be prominently posted in the home.
(a)CA Military and Veterans Code § 1035.7(a) Upon admission to a home, the administrator of each home shall provide written notice to the member informing them of costs of care that may be incurred in excess of the member contribution fee. The notification shall do all of the following:
(1)CA Military and Veterans Code § 1035.7(a)(1) Include an explanation of circumstances under which the member may incur costs that are in excess of the contribution fee.
(2)CA Military and Veterans Code § 1035.7(a)(2) Specifically indicate that these excess costs of care are costs in addition to, or above and beyond, the member contribution fee.
(3)CA Military and Veterans Code § 1035.7(a)(3) Provide examples of “excess costs of care that are
frequently incurred by members.”
(4)CA Military and Veterans Code § 1035.7(a)(4) Inform the member that they will receive a quarterly accounting statement of the total excess costs of care, but that the statement is provided for informational purposes only.
(5)CA Military and Veterans Code § 1035.7(a)(5) Inform the member that, if they are a resident of a home at the time of death, the home may disburse
their moneys or personal property for payment of unreimbursed excess costs of care.
(6)CA Military and Veterans Code § 1035.7(a)(6) Include a statement advising the member to seek counsel from a legal expert to protect their assets.
(7)CA Military and Veterans Code § 1035.7(a)(7) Include the terms and conditions upon which the member fees and costs can be changed.
(b)CA Military and Veterans Code § 1035.7(b) The notification shall require the signature of the member that acknowledges that they have read and understand the notification.
(c)CA Military and Veterans Code § 1035.7(c) The notification shall be written in plain, straightforward language, avoiding technical terms as much as possible, and using a coherent and easily readable style.
(d)CA Military and Veterans Code § 1035.7(d) A copy of the notification, containing all the information specified in subdivision (a) and titled in large font “NOTICE TO RESIDENTS,” shall be conspicuously posted in each home by the administrator of the home.
extra costs of care member contribution fee quarterly accounting statement legal counsel for assets home administrators resident notification unreimbursed costs plain language requirement notification signature posting requirements
(Amended by Stats. 2024, Ch. 129, Sec. 98. (SB 1097) Effective January 1, 2025.)
This law states that individuals can choose to deposit money with a home, which the home will hold for them as a trust fund without charging any fees.
The members may voluntarily deposit money with a home, which the home shall receive and keep without charge as a trust fund.
voluntary deposit trust fund fee waiver money management home deposit financial trust no charge resident funds safekeeping financial stewardship resident money financial deposit fund holding trust account money security
(Amended by Stats. 2017, Ch. 28, Sec. 71. (SB 96) Effective June 27, 2017.)
If you deposit your money with a home, you can take it back whenever you want, either completely or partially.
The money belonging to a member and voluntarily deposited with a home may be withdrawn, in whole or in part, at the will of the member.
member's money voluntary deposit withdrawal rights withdrawal at will money management financial autonomy personal funds member deposits home deposits flexible withdrawals financial rights deposit access home financial services member financial control money withdrawal
(Amended by Stats. 2017, Ch. 28, Sec. 72. (SB 96) Effective June 27, 2017.)
If a member leaves a home, they can get back any money they deposited upon request. If they don't claim it when they leave, they have up to two years to get it if the amount is $5,000 or less, or up to five years if it's more than $5,000. If the member dies after leaving, their family or estate representatives can claim the money. If no one claims it within these timeframes, the money goes to the Morale, Welfare, and Recreation Fund.
All money deposited with a home for a member shall be paid to the member, on demand, upon their discharge or voluntary departure from the home. If the money is not demanded at the time of discharge or departure or within a period of two years thereafter, if the amount does not exceed five thousand dollars ($5,000), or within a period of five years thereafter, if the amount exceeds five thousand dollars ($5,000) either by the member, or, in the event of the member’s death after discharge or departure, by the member’s heirs, devisees, legatees, or qualified executor or administrator of their estate, the money shall be paid to the Morale, Welfare, and Recreation Fund.
member deposit withdrawal discharge from home voluntary departure unclaimed funds Morale Welfare and Recreation Fund member's estate heirs claim unclaimed money procedure timeframe to reclaim funds money demand on departure
(Amended by Stats. 2024, Ch. 129, Sec. 99. (SB 1097) Effective January 1, 2025.)
If a person leaves personal belongings (not including money) at a home when they leave or pass away, and those items are not claimed within a year, the items will be sold. The money from the sale goes to the Morale, Welfare, and Recreation Fund.
All personal property other than money left at a home by a member at the time of their discharge or voluntary departure therefrom, unclaimed within a period of one year, either by the member or, in the event of their decease after their discharge or departure, by their heirs, devisees, legatees, or qualified executor or administrator of their estate, shall be sold in the manner described in Section 1035.4 and the proceeds paid to the Morale, Welfare, and Recreation Fund.
personal property unclaimed belongings home departure member discharge decease heirs devisees legatees executor administrator sale proceeds Morale Welfare and Recreation Fund
(Amended by Stats. 2024, Ch. 129, Sec. 100. (SB 1097) Effective January 1, 2025.)
If someone deposits money with a home, that money must earn interest according to federal laws. When it's time to return the money, it should be paid back either to the person who deposited it or to their legal heirs or estate representatives, as outlined in other sections of the law.
Any money deposited with a home by a member shall be credited with interest in compliance with applicable federal law and regulation, and shall be paid to the member or to their heirs, devisees, legatees, or the qualified executor or the administrator of their estate pursuant to Section 1037 or Section 1038.
money deposit interest payment federal law compliance member deposits estate distribution heirs devisees legatees executor administrator estate Section 1037 Section 1038 deposit returns home deposits
(Amended by Stats. 2024, Ch. 129, Sec. 101. (SB 1097) Effective January 1, 2025.)
This section allows the administrator, with approval from the secretary, to accept cash donations or other gifts for the benefit of members. These donations are put into trust funds and used according to the donor's specified purposes, aiming to promote the members' welfare.
The administrator, subject to the approval of the secretary, may accept cash donations or other gifts to be used for the welfare of the members. Cash shall be paid into trust funds as the administrator may establish, and shall be expended for promoting the welfare of the members and for the purpose designated by the donor.
administrator approval cash donations gifts member welfare trust funds donor designations secretary approval promoting welfare fund management designated purposes financial contributions charitable gifts member benefits donation management use of funds
(Amended by Stats. 2017, Ch. 28, Sec. 76. (SB 96) Effective June 27, 2017.)
Any interest earned on money that is handed over to the administrator must be reported and deposited into the Morale, Welfare, and Recreation Fund. This money should be used to benefit all members collectively.
All accrued interest on money turned over to the administrator and retained by them under this chapter shall be accounted for by the home and deposited to the credit of the Morale, Welfare, and Recreation Fund and used for the common benefit of members.
accrued interest money management administrator's role Morale Welfare and Recreation Fund benefit of members interest accounting fund deposition common benefit financial management interest use administrative deposit fund oversight member benefit fund interest accumulation welfare fund management
(Amended by Stats. 2024, Ch. 129, Sec. 102. (SB 1097) Effective January 1, 2025.)
If a check from a home's trust fund, excluding checks from members on their own accounts, isn't claimed or cashed within a year, it must be canceled. The funds from such checks are then directed to the Morale, Welfare, and Recreation Fund to benefit all members of the homes.
If any check is drawn upon any trust fund of a home, except checks drawn by members of the home on their own accounts, and remains unclaimed, or is not cashed, for a period of one year, it shall be canceled and the amount of the check shall be turned over to the administrator and be deposited to the credit of the Morale, Welfare, and Recreation Fund and used for the common benefit of the members of the homes.
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(Amended by Stats. 2017, Ch. 28, Sec. 78. (SB 96) Effective June 27, 2017.)
This law section states that only certain people are allowed to live in a specific home: the home's officers and employees, their families, and individuals who meet the eligibility criteria set out in another law (Section 1012). Everyone else is not allowed to live there.
With the exception of officers and employees and their families, no person shall be admitted to reside in a home who is not a member eligible under Section 1012.
residency eligibility home residency rules exclusion of non-eligible members living restrictions officers and employees residency eligibility under Section 1012 residence admission home eligibility employee family residency home admittance rules
(Amended by Stats. 2020, Ch. 61, Sec. 6. (AB 240) Effective January 1, 2021.)
This law allows the secretary to create rules about how applicants can be admitted to, and the conditions for staying in, a home.
The secretary may adopt rules and regulations governing the admission of applicants and may prescribe the conditions upon which they may enter and remain with a home.
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(Amended by Stats. 2017, Ch. 28, Sec. 80. (SB 96) Effective June 27, 2017.)
This law ensures that members of a home have the right to complain and express themselves freely as protected by both the California Constitution and the U.S. Constitution. Administrators must inform members about their right to voice concerns about accommodations and services. Notices should be posted, and members should be assisted in understanding these rights during their stay.
Members can express grievances and suggest changes without facing any negative consequences like discrimination or eviction. If a member is evicted within 45 days of voicing concerns, it is presumed to be retaliatory unless the member hasn't paid maintenance fees. In such cases, the presumption doesn't apply if the fees are paid.
(a)CA Military and Veterans Code § 1044.5(a) A member of a home has the right to complain and otherwise exercise the freedom of expression and assembly guaranteed by the Sections 2 and 3 of Article I of the California Constitution and the First Amendment to the United States Constitution. The administrator of the home shall inform each member in writing at the time of admission of the right to complain to the administrator about home accommodations and services. A notice of the right to complain shall be posted in the home. The administrator shall also inform each member of the right to complain to the board or to the Secretary of Veterans Affairs. Each member of a home shall be encouraged and assisted, throughout the period of stay in the home, to understand and exercise the rights of freedom of expression and assembly as a
member and as a citizen. To this end, the member may voice grievances and recommend changes in policies and services to home staff, other members, and outside representatives of the member’s choice, free from restraint, interference, coercion, discrimination, or reprisal, including retaliatory eviction.
(b)CA Military and Veterans Code § 1044.5(b) An administrator may not retaliate against any member who exercises the right to voice grievances by evicting the member. There shall be a rebuttable presumption that any eviction within 45 days of the exercise by a member of the right to voice grievances is retaliatory. This presumption does not apply in favor of a member who has failed to pay maintenance fees unless the member pays the overdue fees.
freedom of expression freedom of assembly right to complain home accommodations services retaliatory eviction California Constitution U.S. Constitution grievances members' rights eviction presumption home administrators veterans affairs policy changes discrimination
(Amended by Stats. 2017, Ch. 28, Sec. 81. (SB 96) Effective June 27, 2017.)
This law allows the state to transfer ownership and control of a state-managed property to the federal government, as long as the property serves a similar purpose or function under federal management.
This chapter does not prevent the state from transferring the property and management of a home to the United States for a home of similar character.
state property transfer federal management transfer of ownership property management state to federal similar character home state property rights federal property control property transfer agreement management transfer home property transfer government ownership change property function property purpose state-controlled property
(Amended by Stats. 2017, Ch. 28, Sec. 82. (SB 96) Effective June 27, 2017.)
This law allows a court to appoint a corporation, referred to as a 'home,' to manage the estate of a person who may need a guardian or conservator. This home can handle financial affairs similar to an individual and is treated as a legal entity, able to conduct business and engage in legal actions.
The home can take on roles such as guardian, conservator, or trustee without needing to post a bond and will be paid reasonable fees for related expenses. It uses these fees to cover filing and legal costs for all estates it manages, and any excess funds are redirected to the Morale, Welfare, and Recreation Fund annually.
Additionally, when managing a member's estate, the home can deposit funds into a special account and invest them in secure, legal investments approved for savings banks.
(a)CA Military and Veterans Code § 1046(a) If it appears necessary or proper that a guardian or conservator of the estate of a member be appointed, the court, in its discretion, upon application of the administrator, or officer designated by the administrator, may appoint a home as guardian or conservator of the member’s estate and cause letters of guardianship or conservatorship of the estate to be issued to the home.
(b)CA Military and Veterans Code § 1046(b) For the purposes of this chapter, a home is a corporation and, acting through an officer designated by the administrator, may act as guardian or conservator of estates, assignee, receiver, depositary, or trustee under appointment of any court or by authority of any law of this state and may transact business in that capacity in the same manner as
an individual, and for this purpose may sue and be sued in any court of this state.
(c)CA Military and Veterans Code § 1046(c) A home shall be appointed as guardian, conservator, assignee, receiver, depositary, or trustee without bond. The home shall receive reasonable fees for its expenses for filing fees and attorneys’ fees. The fees paid to the home may be used as a trust account from which may be drawn expenses for filing fees and attorneys’ fees in all estates it undertakes to administer. Whenever the balance remaining in the trust account exceeds a sum determined to be necessary by the administrator for the payment of the filing fees and attorneys’ fees incurred in the various estates, the excess shall be paid annually into the Morale, Welfare, and Recreation Fund.
(d)CA Military and Veterans Code § 1046(d) When acting as guardian or conservator of a member, a home may deposit the funds of the estate in the special deposit fund of the home, and may
invest and reinvest the funds in securities which are legal investments for savings banks in this state.
guardian appointment conservator role estate management corporate guardian legal entity management financial affairs trust account fees legal investments special deposit fund Morale Welfare and Recreation Fund bond exemption estate expenses court-appointed entity trustee responsibilities estate investment strategies
(Amended by Stats. 2017, Ch. 28, Sec. 83. (SB 96) Effective June 27, 2017.)
This law establishes a fund called the Veterans' Home Morale, Welfare, and Recreation Special Fund (MWR Fund) in California, which is used to support veterans' homes. The money in this fund is for activities and amenities that contribute to the well-being of veterans, like operating a canteen or providing entertainment. Each home has an advisory committee to guide how the funds are used. The fund cannot be used for medical treatment or building maintenance. The funds are managed with specific accounting procedures and annual reporting to relevant authorities is required. The department must maintain a minimum reserve in the fund and can invest the funds to earn more.
Additionally, the administrator of a home may collaborate with the Veterans' Home Allied Council to run certain activities as long as they comply with state law.
(a)Copy CA Military and Veterans Code § 1047(a)
(1)Copy CA Military and Veterans Code § 1047(a)(1) The Veterans’ Home Morale, Welfare, and Recreation Special Fund (MWR Fund) is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all funds deposited in the MWR Fund as authorized by this section shall be continuously appropriated to the department, without regard to fiscal year. All references in this chapter to the “Morale, Welfare, and Recreation Fund” or “MWR Fund” are deemed to refer to the fund created by this paragraph.
(2)CA Military and Veterans Code § 1047(a)(2) The department shall distribute moneys in the MWR Fund to the homes to provide for the general welfare of the members of the homes.
(3)CA Military and Veterans Code § 1047(a)(3) For the
purposes of this subdivision, providing for the general welfare of the members of a home includes, but is not limited to, operating a canteen, base exchange, hobby shop, theater, library, or band, and payment for newspapers, chapel expenses, entertainment expenses, sports activities, celebrations, or any other function or activity that is related to the morale, welfare, and recreation of the residents that would not otherwise be paid for by the General Fund.
(4)CA Military and Veterans Code § 1047(a)(4) The administrator of a home shall deposit all moneys maintained by the administrator in a Morale, Welfare, and Recreation Fund pursuant to this section as it read on January 1, 2015, into the Veterans’ Home Morale, Welfare, and Recreation Special Fund created by paragraph (1).
(5)CA Military and Veterans Code § 1047(a)(5) All future moneys collected as a result of unreimbursed costs of care determinations are special state funds and shall be deposited in the MWR
Fund.
(6)CA Military and Veterans Code § 1047(a)(6) Each home shall establish an MWR Advisory Committee to provide ongoing guidance for the MWR Fund processes, including, but not limited to, budgeting, contracts, investments, expenditures, and revenues. The committee shall be comprised of the administrator or a representative and representatives of the Veterans’ Home Allied Council or resident council.
(7)CA Military and Veterans Code § 1047(a)(7) On or before July 1, 2018, the department, in consultation with the MWR Advisory Committee in each home, the Veterans’ Home Allied Council, or the resident council at each home, shall adopt regulations that carry out the intent of this section, including, but not limited to, the administration of the MWR Fund and Morale, Welfare, and Recreation Operating Funds (MWRO Funds), the process by which the homes submit annual budgets and receive allocations, the process by which the secretary shall review and act upon the
allocation requests and requests for augmentation of those allocations.
(8)CA Military and Veterans Code § 1047(a)(8) Moneys deposited in the MWR Fund are exempt from the requirements of Article 2 (commencing with Section 11270) of Chapter 3 of Part 1 of Division 3 of Title 2 of the Government Code.
(b)Copy CA Military and Veterans Code § 1047(b)
(1)Copy CA Military and Veterans Code § 1047(b)(1) The department shall annually determine the amount for disbursement from the MWR Fund to the homes. This amount shall be disbursed proportionally by each home’s relative share of the total population of the entire veterans’ home system. All annual allocation requests and annual allocations, as well as any augmentations to those allocations, shall be made known to the members of the homes. In making allocation decisions, the department shall consider whether there are economies of scale or other savings which may be realized by aggregating home requests or otherwise while still meeting the intent
of the homes’ requests.
(2)CA Military and Veterans Code § 1047(b)(2) The secretary, in consultation with the administrator of the affected home, may augment the allocation from the MWR Fund to any veterans’ home after making a determination that this action is appropriate on the basis of factors including, but not limited to, the home’s unique age, size, population, and historical significance.
(c)CA Military and Veterans Code § 1047(c) Moneys in the MWR Fund shall not be expended for the following:
(1)CA Military and Veterans Code § 1047(c)(1) A medical treatment or medical care of a member of a home.
(2)CA Military and Veterans Code § 1047(c)(2) The maintenance or major capital improvement of the physical plant of a home.
(3)CA Military and Veterans Code § 1047(c)(3) Any function, operation, or activity that is not directly related to the morale, welfare, or recreation of the members of
the home.
(d)CA Military and Veterans Code § 1047(d) Appropriations from the General Fund for the purposes described in paragraph (3) of subdivision (b) may not be reduced for the purpose of, or to have the effect of, requiring increased expenditures from the MWR Fund for those described purposes.
(e)CA Military and Veterans Code § 1047(e) The department shall adopt, use, and require the homes to use uniform accounting procedures for the MWR Fund and the MWRO Funds subject to the department’s oversight and audit as needed. The department shall prepare an itemized report that is organized by category, including sufficient detail to allow legislative oversight, and accounts for all expenditures from, and all funds deposited into, the MWR Fund and the MWRO Funds for the previous fiscal year. The department shall submit the report on or before December 31, 2018, and annually on or before August 20 thereafter, to the following:
(1)CA Military and Veterans Code § 1047(e)(1) The Department of Finance.
(2)CA Military and Veterans Code § 1047(e)(2) The fiscal committees of the Assembly and Senate.
(3)CA Military and Veterans Code § 1047(e)(3) The committees of the Assembly and the Senate that have subject matter jurisdiction over veterans’ affairs.
(4)CA Military and Veterans Code § 1047(e)(4) The Veterans’ Home Allied Council or the resident council of each home.
(5)CA Military and Veterans Code § 1047(e)(5) The administrator of each home.
(f)CA Military and Veterans Code § 1047(f) The department shall maintain a reserve in the MWR Fund of not less than three million dollars ($3,000,000).
(g)CA Military and Veterans Code § 1047(g) The department may transfer funds from the MWR Fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with
Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code or may hire a third-party investment broker to invest moneys from the MWR Fund consistent with Section 16480.2 of the Government Code and any regulations regarding selecting prudent, approved investment types. The amount invested and the accrued interest or earnings shall be credited to the MWR Fund for allocation by the department.
(h)CA Military and Veterans Code § 1047(h) The administrator of a home may enter into an agreement with the Veterans’ Home Allied Council that authorizes the council to operate facilities and engage in activities that are authorized by subdivision (b). The agreement shall be in the form and manner specified by the administrator and in conformity with applicable California law and regulations, including, but not limited to, the state procurement and contracting process.
Veterans' Home Morale Welfare Recreation Special Fund MWR Fund allocation veterans' home activities fund management non-medical expenses home advisory committee fund investment veterans' welfare annual budget process financial oversight fund distribution home administrator activity funding veterans' recreation state treasury fund
(Repealed and added by Stats. 2016, Ch. 424, Sec. 3. (SB 543) Effective January 1, 2017.)
This section discusses the Morale, Welfare, and Recreation Operating Fund (MWRO Fund), which is used to support activities that improve the quality of life for members of specific homes. Each home's administrator manages these funds according to annual allocations, which may include additional funding from the secretary.
Funds must be deposited into a specific local bank account. However, the money can't be used for medical treatments, maintenance or major improvements of the home's buildings, or any activities not directly related to the members' morale, welfare, or recreation.
(a)CA Military and Veterans Code § 1048(a) A Morale, Welfare, and Recreation Operating Fund (MWRO Fund) shall be maintained by the administrator of each home to administer quality of life activities for the general welfare of the members, pursuant to the annual allocation, including any augmentation provided by the secretary, from the MWR Fund.
(b)CA Military and Veterans Code § 1048(b) The annual allocations from the MWR Fund, including any augmentations provided by the secretary, and any other quality of life moneys received shall be deposited in a local bank account established for this purpose.
(c)CA Military and Veterans Code § 1048(c) Moneys in the MWRO Fund shall not be expended for the following:
(1)CA Military and Veterans Code § 1048(c)(1) Medical treatment or medical care for a member.
(2)CA Military and Veterans Code § 1048(c)(2) The maintenance or major capital improvement of the Home’s physical plant.
(3)CA Military and Veterans Code § 1048(c)(3) A function, operation, or activity that is not directly related to the morale, welfare, or recreation of the members of the home.
Morale Welfare Recreation Fund quality of life activities annual allocation fund management local bank account prohibited expenditures medical treatment exclusion facility maintenance exclusion recreation activities member welfare home administrators additional funding from secretary fund augmentation
(Repealed and added by Stats. 2016, Ch. 424, Sec. 5. (SB 543) Effective January 1, 2017.)
This law allows the funds in the Morale, Welfare, and Recreation Fund (MWRO Fund) to be used to establish or run a canteen or base exchange at each Veterans’ Home with the secretary's approval. The canteen is permitted to sell goods for profit.
The funds from canteen or base exchange operations, as well as money from golf course fees and related activities, must be added to the MWRO Fund for each specific home after state costs have been deducted.
(a)CA Military and Veterans Code § 1049(a) Moneys in the Morale, Welfare, and Recreation Fund maintained under subdivision (a) of Section 1047 may be used, subject to approval by the secretary, to establish or operate a canteen and base exchange at each home location. The canteen may sell goods at a profit.
(b)CA Military and Veterans Code § 1049(b) The MWRO Fund of each home shall include proceeds from the operation of a canteen, or base exchange. Any moneys derived from golf course green fees, range ball fees, and operations of activities unique to each Veterans’ Home of California shall be deposited in the MWRO Fund allocation for that home after appropriate state costs, fees, and rent are deducted from the revenue received for those
operations.
Morale Welfare and Recreation Fund canteen operation base exchange profit goods Veterans’ Home golf course fees range ball fees fund allocation state costs deduction revenue allocation unique activities Veterans’ Home canteen MWRO Fund proceeds approval by secretary recreational operations revenue
(Amended by Stats. 2016, Ch. 424, Sec. 6. (SB 543) Effective January 1, 2017.)
This section recognizes Veterans’ Home Allied Councils as advisory groups for each Veterans’ Home in California, made up of members from each home. These councils can represent home members in issues with the Legislature. To do this, they must get approval from a majority of council members, cannot participate in political campaigns or endorse candidates, and must act according to their own constitution and rules.
Veterans’ Home Allied Councils, which are established pursuant to the constitution of the Allied Council, Veterans’ Home of California, for each home, and which are composed of members of each home, are hereby recognized as established advisory bodies to the administrator of each home. Each Veterans’ Home Allied Council may also represent members who reside at the home for which the council was established in matters before the Legislature. In the course of providing that representation, each council shall comply with the following requirements:
(a)CA Military and Veterans Code § 1050(a) The council’s representation shall be approved by a majority of the voting members of the council.
(b)CA Military and Veterans Code § 1050(b) The council shall not engage in any campaign or endorse public candidates
in connection with that representation.
(c)CA Military and Veterans Code § 1050(c) The council’s actions shall be in accordance with its constitution, bylaws, and policies and procedures.
Veterans’ Home Allied Councils advisory bodies home members representation majority approval political neutrality council constitution bylaws policies and procedures Veterans' Home Legislature matters veterans advocacy decision-making process
(Amended by Stats. 2017, Ch. 28, Sec. 84. (SB 96) Effective June 27, 2017.)
This section requires the department to establish a transparent system for admissions and waiting lists for certain homes by January 1, 2019. They must also create a corresponding webpage to explain the process, allow online application submissions, provide wait time information for various care levels, and let applicants check their application and wait list status.
(a)CA Military and Veterans Code § 1051(a) On or before January 1, 2019, the department shall create a transparent admissions and waiting list process for admission to the homes.
(b)CA Military and Veterans Code § 1051(b) On or before January 1, 2019, the department shall create a page on its internet website that does all of the following:
(1)CA Military and Veterans Code § 1051(b)(1) Explains the application and waiting list process developed in subdivision (a), including an explanation of the process, laws, and regulations pertaining to admission, the wait list, and continuum of care.
(2)CA Military and Veterans Code § 1051(b)(2) Allows online submission of applications.
(3)CA Military and Veterans Code § 1051(b)(3) Provides a reasonable level of information to applicants about the projected wait time at each home for various levels of care, enhancing applicant’s ability to make long-term care planning decisions.
(4)CA Military and Veterans Code § 1051(b)(4) Allows an applicant to check their current wait list status and overall application status.
transparent admissions process waiting list process online application submission projected wait time care levels application status applicant information long-term care planning department website admission regulations wait list status continuum of care
(Amended by Stats. 2024, Ch. 129, Sec. 103. (SB 1097) Effective January 1, 2025.)
This law requires the department to create and update a comprehensive plan for the operation of California's veterans’ homes system. They must have the first plan ready by the end of 2019 and update it every five years. The plan should evaluate several key factors. These include the benefits of placing new facilities near VA services, proximity to veteran populations, and potentially using multiple smaller homes to help veterans stay in their own communities. It also covers offering community-based services, considering facility closures, expanding or re-purposing facilities, and assessing living costs for employees in various areas.
(a)CA Military and Veterans Code § 1052(a) The master plan for the overall operation of the veterans’ homes system mandated by Provision 4 of Item 8955-001-0001 of Section 2.00 of the Budget Act of 2017 (Chapter 14 of the Statutes of 2017) shall, notwithstanding that provision, be prepared by the department no later than December 31, 2019, and shall be revised every five years thereafter.
(b)CA Military and Veterans Code § 1052(b) The master plan, in addition to the requirements of Provision 4 of Item 8955-001-0001, shall include consideration and discussion of all of the following elements:
(1)CA Military and Veterans Code § 1052(b)(1) The locating of future facilities at or within the vicinity of United States Department of Veterans Affairs facilities.
(2)CA Military and Veterans Code § 1052(b)(2) The locating of future facilities near existing veteran populations within the state or the use of smaller homes in a larger number of communities to allow veterans to age in place in their existing communities.
(3)CA Military and Veterans Code § 1052(b)(3) Providing services through community-based care service delivery models.
(4)CA Military and Veterans Code § 1052(b)(4) The closure of facilities.
(5)CA Military and Veterans Code § 1052(b)(5) The expansion of existing facilities or conversion of existing facilities to provide different levels of service.
(6)CA Military and Veterans Code § 1052(b)(6) The local area cost of living for employees at current and proposed facility locations.
veterans' homes system master plan future facilities veteran populations community-based care facility closures facility expansion service delivery models local cost of living Department of Veterans Affairs aging in place veterans' services facility location service levels California veterans
(Added by Stats. 2018, Ch. 38, Sec. 3. (AB 1824) Effective June 27, 2018.)