Legal Status of Women in IowaWilson, Jennie L. (Jennie Lansley)
History
Legal Status of Women in Iowa
Wilson, Jennie L. (Jennie Lansley)
Women -- Legal status, laws, etc. -- Iowa
Guardians of the property of minors must prosecute and defend for their
wards. They must also in other respects manage their interests under the
direction of the court. They may thus lease their lands or loan their
money during their minority, and may do all other acts which the court
may deem for the benefit of the ward. [§3441.] All power of the guardian
over the estate of his ward is derived from the appointment of the
court, but an appointment as guardian will not authorize a sale of
property, nor an investment or disposal of money belonging to the ward,
without a special order of the court. All expenses for the education and
maintenance of the ward must be kept within the income of his estate. If
this should not be sufficient the principal may be resorted to, but not
without an order of the court. All transactions between guardian and
ward, where the former has secured an apparent advantage, by way of
gift, or contract or settlement, will be presumed to have been the
result of undue influence, and will be set aside by a court of equity,
unless it can be shown that they were made in good faith and for a fair
and valuable consideration.
[Sidenote: Property in state.]
The foreign guardian of any non-resident minor, may be appointed the
guardian in this state of such minor, by the district court of the
county wherein he has any property, for the purpose of selling or
otherwise controlling that and all other property of such minor within
the state, unless a guardian has previously been appointed under the
preceding section. The foreign guardian of any non-resident idiot,
lunatic or person of unsound mind may be appointed the guardian of such
ward by the district court in like manner and with like effect in all
cases where the foreign guardian of a non-resident minor could be
appointed the guardian of such minor in this state. Such guardian shall
have the same powers and be subject to the same liabilities as guardians
of resident minors. [§3457.]
[Sidenote: Guardians of drunkards, spendthrifts and lunatics.]
When a petition is presented to the district court, verified by
affidavit, that any inhabitant of the county is:
1. An idiot, lunatic, or person of unsound mind;
2. An habitual drunkard incapable of managing his affairs;
3. A spendthrift who is squandering his property, and the allegations of
the petition have been satisfactorily proved upon the trial, such court
may appoint a guardian of the property of any such person, who shall be
the guardian of the minor children of his ward, unless the court
otherwise orders. Such court may also appoint the guardian of the
property of an habitual drunkard as the guardian of his person. If the
person adjudged to be an habitual drunkard has no property, the court
may appoint a guardian of his person. [§3463 Sup.]
[Sidenote: Order for restraint of drunkard.]
Public-domain text, read in full here on John Shaqi.
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