§ 143. Spouse with a mental condition or psychiatric disability

(a) When the spouse of an owner of a homestead lacks capacity to protect his or her interests due to a mental condition or psychiatric disability and the owner desires to convey it or an interest therein, he or she may petition the Probate Division of the Superior Court in the district in which the homestead is situated for a license to convey the same. Upon not less than 14 days' notice of the petition to the kindred of the spouse who lacks capacity to protect his or her interests due to a mental condition or psychiatric disability residing in the State, and to the selectboard members of the town in which the homestead is situated, which notice may be personal or by publication, the court may hear and determine the petition and may license the owner or convey the homestead, or an interest therein, by his or her sole deed. The license shall be recorded in the office where a deed of the homestead is required to be recorded and the sole deed shall have the same effect as if the spouse has the capacity to protect his or her interests and had joined therein.

(b) On granting such license, the court may make such special order as to the investment or disposition of the funds as the nature of the case requires.

(c) On the hearing of such petition for license, any of such kindred or the selectboard may appear and be heard in the premises and may appeal as provided for other appeals from decrees of the Probate Division of the Superior Court. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 96 (Adj. Sess.), § 184(a); 2017, No. 11, § 54.)