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Mental Health Care Act, 2002 (Act No. 17 of 2002)

Chapter VIII : Care and administration of property of mentally ill person or person with severe or profound intellectual disability

61. Recommendation to appoint administrator by High Court during enquiry or in course of legal proceeding

 

(1) If a High Court, when conducting an enquiry in terms of this Act or during any legal proceeding, has reason to believe that a person in respect of whom an enquiry or legal proceeding is held or conducted may be incapable of managing his or her property, the High Court may, as part of that enquiry or proceeding, initiate an investigation into the mental health status of that person and his or her capacity to manage his or her property.

 

(2) The High Court may, when conducting such investigation, request for further information from any relevant person as may be necessary for purposes of establishing the mental health status of the person concerned and the capacity of that person to manage his or her property.

 

(3) If on completion of the investigation, the High Court finds that the mental health status of the person concerned is of such a nature that such person is incapable of managing his or her property, the High Court may—
(a) recommend that an administrator be appointed in respect of that person; and
(b) in writing, notify that person and a Master of a High Court of the finding and recommendation and the reasons thereof.

 

(4) The Master of the High Court must, within 60 days of the notice by the High Court –
(a) cause an investigation to be conducted –
(i) into the estimated property value and annual income of the person concerned; and
(ii) to determine a suitable candidate to be appointed as administrator for that person; and
(b) appoint an administrator, if the estimated property value and annual income of the person concerned is below the prescribed amount.

 

(5) The costs for conducting the investigation referred to in subsection (4) must be—
(a) paid out of the estate of the mentally ill person; and
(b) determined by the Master after consultation with the person conducting the investigation.