3(1)Subject to the provisions of the Mental Health Act, the court shall have full jurisdiction and authority over and in relation to the persons and estates of mentally incompetent persons, including the care and the commitment of the custody of mentally incompetent persons and of their persons and estates.

3(2)The court may make orders for the custody of mentally incompetent persons and the management of their estates, and every such order shall take effect as to the custody of the person immediately, and as to the custody of the estate upon the completion of the committee’s security.

3(3)Where no special provision is contained in this Act or in the rules made thereunder, the jurisdiction and authority of the court shall be exercised as nearly as may be in the same manner as the same might have been exercised prior to the commencement of this Act.

3(4)The jurisdiction and authority of the court under this Act includes the power to make, amend or revoke a will in the name of and on behalf of a mentally incompetent person.

5(1)The court upon application by Notice of Application may by order declare a person a mentally incompetent person, if the court is satisfied that the evidence submitted establishes beyond a reasonable doubt that he or she is a mentally incompetent person.

5(2)The application may be made by the Attorney General, by the Public Trustee appointed under the Public Trustee Act, by the spouse of the alleged mentally incompetent person, by a relative, whether by blood or affinity, by a friend or any other person who is concerned for the well-being of the alleged mentally incompetent person or by a creditor.

5(3)The Notice of Application shall disclose the names and place of residence of the alleged mentally incompetent person, of his or her spouse, if any, of his or her next of kin, of the attorney appointed by a power of attorney, if any, and of the committee of his or her estate and person, if any, as far as the same can be ascertained.

5(4)The court shall make such order as may seem expedient for notice of such application and service thereof upon the alleged mentally incompetent person, his or her spouse, the next of kin, the attorney appointed by a power of attorney and committee.

5(5)The alleged mentally incompetent person and any person aggrieved or affected by the order have the right to appeal therefrom.

5(6)The practice and procedure on appeal shall be as laid down in the Judicature Act for an appeal from an order made by a judge of the court in Chambers.

6(1)Where in the opinion of the court the evidence does not establish beyond reasonable doubt the alleged mental incompetency, or where for any other reason the court deems it expedient so to do, instead of making an order under subsection 5(1), the court may direct an issue to try the question of mental incompetency.

6(2)The issue shall be tried without a jury.

6(3)The trial shall take place at such time and place as the court may direct.

6(4)On the trial of the issue the inquiry shall be confined to the question whether or not the person who is the subject of the inquiry is at the time of the inquiry a mentally incompetent person and incapable of managing himself or his affairs, and the presiding judge shall make an order in accordance with the result of the inquiry.

6(5)The practice and procedure as to the preparation, entry for trial and trial of the issue, and all the proceedings incidental thereto, shall be the same as in the case of any other issue directed by the court or a Judge.

6(6)The alleged mentally incompetent person and any person aggrieved or affected thereby has the like right to appeal from an order made upon or after the trial as may be exercised by a party to an action in the court; and the court hearing any such appeal has the same powers as upon an appeal from a judgment entered at or after the trial of an action.

6(7)Subject to the provisions of section 9 the order or judgment of the court is final unless set aside upon appeal under subsection (6).

9(1)At any time after the expiration of one year from the date of the order by which a person has been declared a mentally incompetent person, or sooner by the leave of the court, an application by Notice of Application may be made by or on behalf of such person to set aside such order, and on such application the court, if satisfied by the evidence submitted that the person has become mentally competent and capable of managing his own affairs, may make an order so declaring; otherwise the court shall by order dismiss the application.

9(2)Any such order is subject to appeal in like manner as an order made under section 5.

9(3)Instead of making an order under subsection (1) the court may direct an issue to try the question of the recovery of the person formerly declared or adjudged a mentally incompetent person.

9(4)Any issue so directed shall be subject to the provisions of section 6, including the provision for appeal.

9(5)Where a person formerly declared a mentally incompetent person has been found to be mentally competent and capable of managing his own affairs and the time for appealing from the order has expired, or an appeal having been taken the same has been finally dismissed, an order may be made superseding and setting aside the order declaring the mental incompetency of such person for all purposes except as to acts or things done in respect of the person or estate of the mentally incompetent person while the order was in force.

10(1)Where a committee of the estate of a mentally incompetent person has been appointed, the committee shall, within six months after being appointed, file in The Court of Queen’s Bench of New Brunswick a true inventory of the real and personal estate of the mentally incompetent person, stating the income and profits thereof, and setting forth the debts, credits and effects of the mentally incompetent person, so far as the same have come to the knowledge of the committee.

10(2)If any property belonging to the estate is discovered after the filing of the inventory, the committee shall file a supplementary inventory of the same forthwith.

10(3)Every inventory and account shall be verified by the oath of the committee.

10(4)The committee, unless a trust company approved by the Lieutenant-Governor in Council under Chapter 177 of The Revised Statutes, 1927, or Chapter 238 of The Revised Statutes, 1952, shall give security with one or more sureties, in an amount to be fixed by the court, for duly accounting for the property that shall come into the hands of the committee from time to time, for filing the inventory and for the payment of the balance in their hands upon such accounting forthwith after the same has been ascertained into court or otherwise as the court may direct.

10(5)The security shall be taken by bond in the name and to the satisfaction of the clerk of The Court of Queen’s Bench of New Brunswick in whose office the inventory was filed under subsection (1), and shall be filed in his office.

11.1(1)The power of the court to make, amend or revoke a will in the name of and on behalf of a mentally incompetent person shall be exercisable in the discretion of the court where the court believes that, if it does not exercise that power, a result will occur on the death of the mentally incompetent person that the mentally incompetent person, if competent and making a will at the time the court exercises its power, would not have wanted.

11.1(2)Any will made or any amendment made to a will under this Act is for all purposes, including subsequent revocation and amendment, the will of the person in whose name and on whose behalf the will or the amendment is made.

13(1)The court may order that any property of the mentally incompetent person, whether present or future, be sold, charged, mortgaged, dealt with or disposed of as may be deemed most expedient for the purpose of raising or securing or repaying with or without interest, money that is to be or has been applied to

13(2)Where a charge or mortgage is made under this Act for the expenses of future maintenance, the court may direct the same to be payable either contingently, if the interest charged is contingent or future, or upon the happening of the event, if the interest is dependent on an event which must happen, and either in a gross sum or in annual or other periodical sums, and at such times and in such manner as may be deemed expedient.

14(1)The court may order that the whole or any part of money expended or to be expended under an order of the court for the permanent improvement, security, or advantage of the property of the mentally incompetent person, or of any part thereof, shall with interest be a charge upon the improved property or any other property of the mentally incompetent person, but so that no right of sale or foreclosure during the lifetime of the mentally incompetent person be conferred by the charge.

14(2)The interest shall be kept down during the mentally incompetent person’s lifetime out of the income of his general estate, as far as the same is sufficient to bear it.

14(3)The charge may be made either to the person advancing the money or, if the money is paid out of the mentally incompetent person’s general estate, to some person as trustee for him as part of his personal estate.

17(1)Leases authorized to be granted or accepted by or on behalf of a mentally incompetent person under this Act shall be for such term of years, at such rent and royalties, and subject to such reservations, covenants, and conditions as the court may approve.

17(2)Premiums or other payments on the renewal of leases may be paid out of the mentally incompetent person’s estate, or charged with interest on the leasehold property.

18(1)The mentally incompetent person, his heirs, executors, next of kin, devisees, legatees and assigns, shall have the same interest in any money arising from any sale, mortgage or other disposition under the powers of this Act, that may not have been applied under such powers, as he or they would have had in the property the subject of the sale, mortgage, or disposition, if no sale, mortgage or disposition had been made, and the surplus money shall be of the same nature as the property sold, mortgaged or disposed of.

18(2)Money received for equality of partition and exchange, or under any lease of unopened mines, and all premiums and sums of money received upon the grant or renewal of a lease, where the property the subject of the partition, exchange or lease was land of the mentally incompetent person, shall, subject to the application thereof for any purposes authorized by this Act, as between the representatives of the real and personal estate of the mentally incompetent person, be considered as real estate, except in the case of premiums and sums of money received upon the grant or renewal of leases of property of which the mentally incompetent person was tenant for life, in which case the premium and sums of money shall be personal estate of the mentally incompetent person.

18(3)In order to give effect to this section the court may direct any money to be carried to a separate account, and may order such assurances and things to be executed and done as may be deemed expedient.

22(1)Where it appears to the court that there is reason to believe that the mental incompetency of any mentally incompetent person so found is in its nature temporary, and will probably soon be removed, and that it is expedient that temporary provision be made for the maintenance of the mentally incompetent person, or of the mentally incompetent person and the members of his family and others who are dependent upon him for maintenance, and that any sum of money arising from or being in the nature of income or of ready money belonging to the mentally incompetent person, and standing to his account with a banker or agent, or being in the hands of any person for his use, is readily available, and may be safely and properly applied in that behalf, the court may allow thereout such amount as may be deemed proper for the temporary maintenance of the mentally incompetent person or of the mentally incompetent person and the members of his family and others who are dependent upon him for maintenance, and may, instead of proceeding to order a grant of the custody of the estate, order or give liberty for the payment of any such sum of money, or any part thereof, to such person as under the circumstances of the case it may be thought proper to entrust with the application thereof, and may direct the same to be paid to such person accordingly, and when received to be applied and the same shall accordingly be applied in or towards such temporary maintenance.

22(2)The receipt in writing of the person to whom payment is to be made for any money payable to him by virtue of an order under this section shall be a good discharge, and every person shall act upon and obey every such order.

22(3)The person receiving any money by virtue of an order under this section shall pass an account thereof when and as the court may direct.

28(1)Where a mentally incompetent person is solely entitled to stock, or to a chose in action upon a trust, or by way of mortgage, the court may make an order vesting in any person the right to transfer or call for a transfer of such stock, or to receive the dividends or income thereof, or to sue for and recover such chose in action, or any interest in respect thereof.

28(2)Where any person is entitled jointly with a mentally incompetent person to stock or to a chose in action upon a trust or by way of mortgage, the court may make an order vesting the right to transfer such stock or to receive the dividends or income thereof, or to sue for and recover such chose in action or any interest in respect thereof, either in the person so jointly entitled as aforesaid, or in that person together with any other person the court may appoint.

31(1)The person in whom the right to transfer or to call for a transfer of any personal property is vested may execute and do all powers of attorney, assurances and things to complete the transfer, according to the order, and the transfer is valid and effectual to all intents and purposes, and banks and other companies and their officers and all other persons are bound to obey every such order according to its terms.

31(2)After notice in writing of an order under this Act it shall not be lawful for a bank or other company to transfer personal property to which the order relates or pay any benefit therefrom except in accordance with the order.

39(1)The provisions of this Act shall apply to a person, not declared to be mentally incompetent, with regard to whom it is proven to the satisfaction of the court that the person is, through mental or physical infirmity arising from disease, age or other cause, or by reason of habitual drunkenness or the use of drugs,

39(3)When subsection (1) applies, the court may order the appointment of

39(3.1)An order under subsection (3) may require that the committee or the person authorized to act provide security.

39(4)A person appointed under paragraph (3)(a) shall be subject to the jurisdiction and authority of the court as if the person were a committee.

39(5)Sections 11 and 11.1 shall apply to the cases provided for by paragraph (1)(a) and the person in respect of whom the order is made.

39(6)Any person aggrieved or affected by an order made under this section has the like right to appeal therefrom as is provided by section 5.

39(7)Upon application at any time after the expiration of one year, or sooner with leave of the court, the like proceedings may be taken and the like order made as provided in section 9 in the case of a person who has been declared a mentally incompetent person.

40(1)In a power of attorney under seal, a person may appoint any other person as an attorney to make some or all personal care decisions on behalf of the person in the circumstances set out in the power of attorney.

40(2)A power of attorney under subsection (1) shall

43(1)If the court appoints a committee of the person for a principal, the authority conferred upon the attorney for personal care terminates.

43(2)If the court makes an order under paragraph 39(3)(a), the authority conferred upon an attorney for personal care terminates or is superseded to the extent of the order.

43(3)Subsections (1) and (2) do not limit any other means by which the authority of an attorney for personal care may be terminated.

43(4)If a power of attorney for personal care and a power of attorney respecting property matters are given in one document, the termination of the authority of the donee under section 58.3 of the Property Act does not affect the authority of the attorney for personal care.