Ark. Code Ann. § 28-65-308 (2026)
Power to borrow money, make gifts, etc
- Upon a showing that the action would be advantageous to the ward and his or her estate, the court may authorize the guardian to borrow money, to execute notes and other legal evidences of indebtedness, and to mortgage property of the ward in accordance with the provisions of § 28-65-314.
- Upon a showing that the action would be advantageous to the ward and his or her estate, the court may authorize the guardian to make gifts and disclaimers on behalf of the ward.
History. Acts 1985, No. 940, § 31; A.S.A. 1947, § 57-850.
Case Notes
Expenditures Proper.
In a case involving the management of an estate, a trial court erred by determining that certain expenditures of behalf of a ward were improper; the guardian was allowed to make gifts on behalf of the ward under subsection (b) of this section, he could continue the ward's practice of supporting family members, continuing donations to the ward's church was acceptable, and expenditures for food and clothing fell within the definition of what was required for maintenance. The law of trusts guided the evaluation of the duties and liabilities of the guardian of an estate. Stautzenberger v. Stautzenberger, 2013 Ark. 148, 427 S.W.3d 17 (2013).
Obligations Generally.
The word “obligation” was used in former statute in the sense of liability either created by contract or by operation of law. Phillips v. Phillips, 203 Ark. 481, 158 S.W.2d 20 (1942) (decision under prior law).
Schooling of Wards.
Guardians were authorized to execute valid mortgages on their ward's lands for educational purposes. Rightsell v. Carpenter, 188 Ark. 21, 64 S.W.2d 101 (1933) (decision under prior law).