--(1) On an application for-
----(a) the appointment of receiver for a patient; or
----(b) an order authorising a person to do any act or carry out any transaction on behalf of the patient without appointing that person a receiver,
--the general rule is that the applicant must file a medical certificate and an affidavit of kindred and fortune.
--(2) The court may, however, otherwise direct and in particular-
----(a) where the income of the patient does not exceed $2,400 per annum or his capital does not exceed $10,000, the applicant may file a certificate of kindred and fortune; or
(b) where the applicant is the Chief State Solicitor no affidavit or certificate of kindred and fortune need be filed if the Chief State Solicitor files a certificate or a report under rule 70.9(5) that-
--------(i) the patient is possessed of property; and
--------(ii) the relief asked for is desirable in order to manage or protect that property.
--(3) An "affidavit of kindred and fortune" is an affidavit giving particulars of the patient's relatives, property and affairs and of the circumstances giving rise to the application.
Notes
Back to Part (70. Protection of Property of Patients)