--(1) An application for-
----(a) the settlement of any property of a patient under section 39(d) of the Act; or
----(b) an order for the execution of a will for a patient,
must be made by a person for whom the benefit of the proposed settlement will enure unless in the opinion of the court there is sufficient reason for it being made by-
--------(i) the receiver for the patient;
--------(ii) any person who, under any known will or codicil of the patient or the intestacy of the patient, might become entitled to any property of the patient or any interest in such property; or
--------(iii) any person for whom the patient might be expected to provide if he were not mentally disordered.
--(2) If a receiver has been appointed for the patient he must be a respondent unless he is an applicant.
--(3) No other person may be made a respondent unless the court directs.
Notes
Amended by Legal Notice 233 of 2005.
Back to Part (70. Protection of Property of Patients)
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