Acts and Regulations

I-8 - Infirm Persons Act

Section 13
Disposition versions

Full text
Order for sale or mortgage of property
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
(a) payment of the mentally incompetent person’s debts or engagements,
(b) discharge of any encumbrance on his property,
(c) payment of any debt or expenditure incurred for the mentally incompetent person’s maintenance or otherwise for his benefit, or that of himself and his family and dependents, or
(d) payment of or provision for the expenses of his future maintenance or that of himself and his family and dependents.
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.
R.S., c.144, s.12
Order for sale or mortgage of property
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
(a) payment of the mentally incompetent person’s debts or engagements,
(b) discharge of any encumbrance on his property,
(c) payment of any debt or expenditure incurred for the mentally incompetent person’s maintenance or otherwise for his benefit, or that of himself and his family and dependents, or
(d) payment of or provision for the expenses of his future maintenance or that of himself and his family and dependents.
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.
R.S., c.144, s.12