Husband or wife of incapacitated spouse may sell, convey,

lease or mortgage homestead held in joint tenancy.

In case of a homestead held in joint tenancy, if one spouse

becomes incapacitated, upon application of the other spouse to the

district court of the county in which the homestead is located, and

upon due proof of said incapacity, the court may issue an order

permitting said other spouse to sell, convey, lease, lease for oil

and gas mining purposes, or mortgage the homestead. For purposes of

this section and Sections 3 and 4 of this act "incapacitated" or

"incapacity" means impairment due to mental illness, mental

deficiency, physical illness or disability, to the extent the

individual lacks sufficient understanding or capacity to make or

communicate responsible decisions.