§ 30-3-124 — Sale or lease of real property by guardian - Approval -

Joinder of spouse. When the ward owns an interest in a tract of real property in addition to a homestead interest, no conveyance, deed, contract or lease executed pursuant to the authority granted by Section 3-123 of this title shall be valid, unless the sale or leasing be conducted in the manner provided by law for the sale or leasing of other lands of an incapacitated or partially incapacitated person, be approved by the court in which the guardianship proceeding is pending, and the spouse of the ward be a party to such conveyance, deed, contract or lease and join in the execution and acknowledgment thereof, but when the ward owns no interest in a tract of real property other than a homestead interest or possible homestead interest, a guardian may execute a conveyance thereof on behalf of the ward for the purpose of waiving such homestead interest or possible homestead interest, if so authorized by order of the court in which such proceeding is pending, made pursuant to application and notice sent by ordinary mail to the persons set forth in Section 3-110 of this title at least ten (10) days prior to the hearing of such application.

Legislative History

Added by Laws 1959, p. 223, § 2. Amended by Laws 1988, c. 329, § 61, eff. Dec. 1, 1988. Renumbered from Title 58, § 857 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1994, c. 234, § 5, eff. Sept. 1, 1994.