Section 21. If the guardian of a married ward that is incapacitated by reason of mental illness, is authorized under section eighteen to release an estate of homestead and the probate court finds that a portion of the proceeds of the real estate sold, or of an amount loaned on a mortgage thereof, must be reserved for the use of the ward, it shall order that a portion, equal to fifty per cent of the proceeds, to be set aside and paid over to such guardian to be invested in a homestead and held by the guardian for the benefit of the ward, if the ward survives the ward's spouse, the rent or use thereof to be received and enjoyed during the life of the ward by the ward's spouse, or until otherwise ordered by the court for cause; and the homestead to be said spouse's and to be conveyed to said spouse by said guardian, if said spouse survives the ward.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Title III - Domestic Relations
Chapter 209 - Husband and Wife
Section 1a - Tenants by Entirety Under Older Deed; Electing Treatment of Tenancy
Section 2 - Married Woman; Power to Contract
Section 3 - Transfers Between Husband and Wife
Section 4 - Married Woman; Work and Labor; Presumption
Section 5 - Married Woman; Acting as Fiduciary
Section 6 - Married Woman; Power to Sue and Be Sued
Section 7 - Married Woman; Liabilities
Section 8 - Husband; Liability for Wife's Debts
Section 9 - Husband; Liability on Contracts Concerning Separate Property of Wife
Section 13 - Marriage Settlements
Section 14 - Disability of Husband or Wife Provisions; Release of Homestead by Wife of Ward
Section 16 - Disability of Husband or Wife Provisions; Disposition of Proceeds
Section 18 - Mentally Ill Persons; Conveyance or Mortgage of Real Estate; Release of Homestead
Section 21 - Mentally Ill Spouse; Reservation of Portion of Proceeds Upon Release of Homestead
Section 24 - Disability of Husband or Wife Provisions; Venue
Section 25 - Antenuptial Settlements; Force and Effect
Section 26 - Antenuptial Settlements; Record; Description of Property
Section 28 - Rights of Married Person Coming From Another State or Country
Section 29 - Property Rights Acquired in Other States; Effect of Residence in This Commonwealth
Section 31 - Non-Resident Married Woman Abandoned by Husband; Conveyance of Realty
Section 32e - Judgment or Order of Support; Enforcement
Section 32f - Married Persons Living Apart; Actions for Support
Section 33 - Separate Support or Maintenance; Attachment of Defendant's Property and Trustee Process
Section 34 - Married Person Abandoned by Spouse; Venue
Section 36 - Married Person Abandoned by Spouse; Spouse Living Apart; Conveyance and Will