'JB' WRITES TO find out what can be done to protect a bank account, the business and the house of a family member who seems to be suffering from a mental disease and is unable to operate his business and manage his account and other affairs.
The Resident Magistrate's Court, as well as the Supreme Court, have jurisdiction pursuant to section 29 of the Mental Health Act (hereinafter called 'the Act') to make orders for the managing and administering of his property and affairs. The Act provides: "In the case of property, the value of which is in the monetary jurisdiction of the court, may, on the application of the nearest relative or the Attorney-General, exercise jurisdiction over the management of the property and affairs of a patient, if the court is satisfied by evidence (medical and otherwise) on affidavit that the patient is incapable by reason of mental disorder, of managing and administering his property and affairs."
The initial hurdle that JB must cross is to secure a full and proper report from a medical doctor to say that as a result of the mental disorder, the person is unable to manage and administer his property and affairs. The next step is to have the nearest relative instruct an attorney-at-law to prepare all the relevant documents to have the matter heard in the Resident Magistrate's Court or the Supreme Court.
When the matter goes to court, the judge shall do all that is necessary or expedient in the interest of, and for the maintenance and benefit of the patient and where necessary, for the relative and dependent of the patient.
In light of the above, the court is empowered to make all or any of the following orders to:
A. Transfer, sell, lease, rent or exchange the patient's property.
B. Purchase property in the name of and for the patient.
C. Settle property by way of gift.
D. Carry on the patient's business, trade or profession.
E. Dissolve partnership, if the patient is a partner.
F. Fulfil the patient's contractual obligations.
G. Payment of debt incurred by the patient.
H. Continue or institute legal proceedings on behalf of the patient; and
I. Control all financial affairs of the patient.
In all the circumstances, it seems to me that the law has made sufficient provision for the protection of a patient's property. However, JB must act now.
Correction: In the last Legal Eagle article, which was published on April 27, I indicated that the period of separation for divorce is two years. This is wrong. The law is that, generally, before the divorce can be brought, the parties must be married for two years but separated for one year and that one year can be part of the two years separation.
Keith N. Bishop is an attorney-at-law and partner in the firm of Bishop & Fullerton. He may be contacted by email at knb@bishopfullerton.com.
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