--(1) Where the court has reason to believe that a receiver should be appointed for a patient or that any other power conferred on the court should be exercised with respect to the property and affairs of the patient, the court may-
----(a) direct the Chief State Solicitor to make inquiries and report to the court whether it is desirable in the interests of the patient that an application should be made for that purpose; or
----(b) appoint a suitably qualified government medical practitioner to visit the patient and report to the court on the capacity of the patient to manage and administer his property and affairs.
--(2) On receiving any report pursuant to paragraph (1), the court may-
----(a) direct an application to be made under rule 70.9(1); or
----(b) if-
--------(i) the report is by a person appointed by the court; and
--------(ii) the court is satisfied that the patient is incapable, by reason of mental disorder, of managing and administering his property and affairs,
--make an order in summary manner appointing a receiver or exercising any other power conferred on the court with respect to the patient's property and affairs.
--(3) In any proceedings relating to a patient the court may make or cause to be made inquiries about any dealing with the patient's property before the commencement of the proceedings and as to the mental capacity of the patient at the time of such dealings.
--(4) The court may-
----(a) make or cause to made inquiries whether any person-
--------(i) has in his possession;
--------(ii) has under his control; or
--------(iii) has any knowledge of,
----any testamentary document executed by a patient; and
----(b) may direct any such person-
--------(i) to answer the inquiries on oath;
--------(ii) to produce any such document which is in his possession or under his control; and
--------(iii) deal with it in such manner as the court may direct.
--(5) In any proceedings relating to the patient the court may make an order for the patient's attendance for examination-
----(a) by the court;
----(b) by any suitably qualified government medical practitioner; or
----(c) by any fit and proper person appointed by the court,
--at such time and place as the court may direct.
--(6) The court may make or cause to be made any other inquiries of inspection which it considers desirable for the proper discharge of any of its functions under the Act or this Part.
Notes
Back to Part (70. Protection of Property of Patients)
Previous Rule (70.9 Power to direct action by Chief State Solicitor)
Next Rule (70.11 Service of application for appointment of receiver, etc.)