US Lawyer Database

§ 28-65-311. Investments

(a) The guardian of the estate may, and when ordered by the court shall, deposit as a fiduciary, the funds of the ward in a financial institution of this state, as a general deposit, either in a checking account or a savings account. (b) The guardian shall invest the funds of the ward not reasonably […]

§ 28-65-312. Retention of property and investment

(a) If it is in the best interest of the ward or his or her estate, the court may order the guardian of the estate to retain any property belonging to the ward which may come into the hands of the guardian otherwise than by purchase by the guardian, whether or not the property is […]

§ 28-65-313. Purchase of home

(a) The court may authorize the purchase of real property in this state for use by the ward as a home or, unless he or she is an unmarried minor, as a home for his or her dependent family. (b) The purchase shall be made only upon order of the court after notice to the […]

§ 28-65-314. Sales, mortgages, etc., of property generally

(a) (1) The real or personal property of the ward not excluding real property in which a minor or mentally incompetent ward has a vested homestead interest, or any part thereof or interest therein, may be sold, conveyed, released, mortgaged, leased, or exchanged or an easement thereon may be granted by the guardian of the […]

§ 28-65-315. Oil, gas, and mineral interests — Sale, lease, etc

(a) (1) The guardian of the estate of an incompetent who owns land situated in this state or an interest therein or who owns an interest in oil, gas, or other minerals in or under land situated in this state or in an oil, gas, or other mineral lease on the land on such terms […]

§ 28-65-317. Payment of claims

(a) (1) A guardian of the estate is under a duty to pay from the estate all just claims against the estate of his or her ward, whether they constitute liabilities of the ward which arose prior to the guardianship or liabilities properly incurred by the guardian for the benefit of the ward or his […]

§ 28-65-318. Compromise settlements

(a) On petition of the guardian of the estate, the court, if satisfied that the action would be in the interest of the ward and his or her estate, may make an order authorizing the settlement or compromise of any claim by or against the ward or his or her estate, whether arising out of […]

§ 28-65-319. Employment of professionals

(a) (1) The guardian may employ legal counsel in connection with the discharge of his or her duties, and the court shall fix the attorney’s fee, which shall be allowed as an item of the expense of administration. (2) If the guardian is an attorney and has performed necessary legal services in connection with the […]

§ 28-65-304. Title and possession of estate

The guardian of the estate shall take possession of all of the ward’s real and personal property, and of rents, income, issue, and of the proceeds arising from the sale, mortgage, lease, or exchange thereof. Subject to the possession, the title to all the estate and to the increment and proceeds of the estate shall […]