MINOR RESIDENT'S ELIGIBILITY FOR WORLD WAR II BONUS

MINOR RESIDENT'S ELIGIBILITY FOR WORLD WAR II BONUS.

An unemancipated minor cannot acquire residence to qualify for the Washington State Veterans' bonus prior to majority, whose parents were not residents of Washington.

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                                                                    July 28, 1950

Honorable Cliff Yelle
State Auditor
Olympia, Washington                                                                                                     Cite as:  AGO 49-51 No. 310

Attention:  !ttH. C. Ashenfelter, Administrator, Division of Veterans Compensation

Dear Sir:

            We have your letter of July 16, 1950, requesting an opinion from this office in regard to the following question:

            Is a person who resided in this state for twenty-three months immediately prior to his entry into active federal service in World War II, but who reached his majority only ten months prior to said entry and who was not emancipated during his minority, and whose parents were not residents of Washington, eligible for compensation under the Washington State Bonus Law of 1949?

            Our conclusion may be summarized as follows:

            Such a person is not eligible for compensation under the Washington State Bonus Law.

                                                                     ANALYSIS

             [[Orig. Op. Page 2]]                                                                             

            You inquire whether an applicant for compensation under chapter 180, Laws of 1949 (1949 Rem. Supp. § 10747a et seq.), meets the residence requirements of said law where he lived in this state for twenty-three months immediately prior to his entrance into active federal service but whose twenty-first birthday occurred only ten months prior to such entrance and who was not emancipated during his period of minority, and whose parents were not residents of Washington.  Section 1 of chapter 180 provides in part as follows:

            "There shall be paid to each person who was on active Federal service as a member of the armed military or naval forces of the United States between the 7th day of December, 1941, and the 2nd day of September, 1945, who at the time of his or her entry upon active Federal service and for a period of one (1) year prior thereto was a bona fide citizen or resident of the State of Washington, * * *"

            A resident of the State of Washington is one whose domicile is in this state, statutory residence being equivalent to domicile.  The elements of domicile are physical presence plus an intention to remain permanently or indefinitely.  The domicile of a minor, which latter term under the laws of this state refers to any person under the age of twenty-one years, is considered to be that of the parent having custody of the minor or that of his guardian unless the minor is emancipated.

            Your request states that the applicant was not emancipated during his minority.  In such a situation, therefore, the applicant was a resident of this state, if at all, only from the date of his majority.  The interval between said date and the time of his entry into active federal service being less than one year, the applicant is not eligible to receive compensation under chapter 180, Laws of 1949.

Very truly yours,

SMITH TROY
Attorney General

LAWRENCE K. McDONELL
Assistant Attorney General