Insane Persons

A guardian of the person or estate, or of both, of an insane or incompetent person may be appointed by will or by deed, to take effect upon the death of the person appointing:

(a)If the insane or incompetent person be unmarried, or be a person whose marriage has been annulled or dissolved by death or divorce, by the father, with the written consent of the mother, or by either parent if the other be dead or incapable of consent.

(b)If the insane or incompetent person be married and a person whose marriage has not been annulled or dissolved by divorce, then by the spouse.