§ 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 or her estate and whether arising in contract or in tort or otherwise, upon allowance of the claim by the court or upon approval by the court in a settlement of the guardian's accounts. (2) The duty of the guardian to pay from the estate shall not preclude his or her personal liability for his or her own contracts and acts made and performed in behalf of the estate as it exists according to the common law. (b) Upon the petition of any person having a claim against the estate of a ward for services lawfully rendered to the ward or his or her estate for necessaries furnished to the ward, or for the payment of a lawful liquidated claim or demand against the estate of the ward, the court, after notice, upon appropriate hearing, may direct the guardian to pay the claim.

Legislative History

Acts 1985, No. 940, § 38; A.S.A. 1947, § 57-857.