nd;

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. [Sec.3463 Sup.]

[Sidenote: Order for restraint of drunkard.]

The district court or any judge thereof, may, from time to time, enter
such orders as may be necessary, authorizing the guardian of the person
of such habitual drunkard to confine and restrain him in such manner and
in such place within the state as may, by the court or judge, be
considered best for the purpose of preventing such drunkard from using
intoxicating liquors, and as may tend to his reformation. [Sec.3468a Sup.]
When it is sought to have a guardian appointed for a person of unsound
mind, the test of his mental capacity is not the degree of prudence and
foresight he manifests in the management of his affairs, for "the law
does not assume to measure the different degrees of power of the human
intellect, or to distinguish between them where the power of thought and
reason exists," but the question to be determined is whether or not he
possesses sufficient ability to understand in a reasonable manner the
nature and effect of his acts, or the business he is transacting.
"Although the mind of an individual may be to some extent impaired by
age or disease, still, if he is capable of transacting his ordinary
business, if he understands the nature of the business in which he is
engaged and the effect of what he is doing and can exercise his will
with reference thereto, his acts will be valid," and he will not be
adjudged to be of unsound mind and incapable of managing his business
affairs.

[Sidenote: Real estate sold. Allowance to family.]

Whenever the sale of the real estate of such ward is necessary for his
support or the support of his family or the payment of his debts, or
will be for the interest of his estate or children, the guardian may
sell the same under like proceedings as required by law to authorize the
sale of real estate by the guardian of a minor. The