RULE 95

Selling and Encumbering Property of Ward

Section 1. Petition of guardian for leave to sell or encumber estate. When the income of the estate under guardianship is
insufficient to maintain the ward and his family, or to maintain and educate the ward when a minor, or when it appears that it is
for the benefit of the ward that his real estate or some part thereof be sold, or mortgaged or otherwise encumbered, and the
proceeds thereof put out at interest, or invested in some productive security, or in the improvement or security or other real estate
of the ward, the guardian may present a verified petition to the court by which he was appointed setting forth such facts, and
praying that an order issue authorizing the sale or encumbrance.
Section 2. Order to show cause thereupon. If it seems probable that such sale or encumbrance is necessary, or would be
beneficial to the ward, the court shall make an order directing the next of kin of the ward, and all persons interested in the estate,
to appear at a reasonable time and place therein specified to show cause why the prayer of the petition should not be granted.
Section 3. Hearing on return of order. Costs. At the time and place designated in the order to show cause, the court shall hear
the proofs and allegations of the petitioner and next of kin, and other persons interested, together with their witnesses, and grant
and refuse the prayer of the petition as the best interest of the ward require. The court shall make such order as to cost of the
hearing as may be just.
Section 4. Contents of order for sale or encumbrance, and how long effective. Bond. If, after full examination, it appears that
it is necessary, or would be beneficial to the ward, to sell or encumber the estate, or some portion of it, the court shall order such
sale or encumbrance and that the proceeds thereof be expended for the maintenance of the ward and his family, or the education
of the ward, if a minor, or for the putting of the same interest, or the investment of the same as the circumstances may require.
The order shall specify the causes why the sale or encumbrance is necessary or beneficial, and may direct that estate ordered sold
be disposed of at either public or private sale, subject to such conditions as to the time and manner of payment, and security
where a part of the payment is deferred as in the discretion of the court are deemed most beneficial to the ward. The original bond
of the guardian shall stand as security for the proper appropriation of the proceeds of the sale, but the judge may, if deemed
expedient, require an additional bond as a condition for the granting of the order of sale. No order of sale granted in pursuance of
this section shall continue in force more than one (1) year after granting the same, without a sale being had.
Section 5. Court may order investment of proceeds and direct management of estate. The court may authorize and require the
guardian to invest the proceeds of sales or encumbrances, and any other of his ward's money in his hands, in real estate or
otherwise, as shall be for the best interest of all concerned, and may make such other orders for the management, investment, and
disposition of the estate and effects, as circumstances may require.