Acts and Regulations

M-10 - Mental Health Act

Full text
Committee of the estate of a patient
37(1)Even if a person other than the Public Trustee has been appointed as a representative under the Supported Decision-Making and Representation Act with powers in relation to the patient’s financial matters, The Court of King’s Bench of New Brunswick may, at any time, on the application of the Public Trustee, appoint the Public Trustee as committee of the estate of the patient instead of the person appointed as representative under that Act.
37(1.1)On appointment under subsection (1), the Public Trustee has all the powers, authority, rights, duties and responsibilities conferred or imposed upon him or her under this Act and the Public Trustee Act with regard to the management of estates of patients and a certificate of incompetence shall be deemed to have been issued.
37(2)If, at any time, a person other than the Public Trustee is appointed as a representative under the Supported Decision-Making and Representation Act with powers in relation to the patient’s financial matters, the Public Trustee ceases to be the committee of the estate under this Act and shall account for and transfer to the representative so appointed the estate of the patient that has come into the Public Trustee’s hands.
37(3)An order under the Supported Decision-Making and Representation Act for the appointment of a person other than the Public Trustee as representative of a patient with powers in relation to the patient’s financial matters shall not be made without the consent of the Public Trustee unless seven days notice of the application has been given to the Public Trustee.
37(4)The acts of the Public Trustee while committee of the estate of a patient under this Act are not rendered invalid by the making of an order appointing a representative under the Supported Decision-Making and Representation Act.
1969, c.13, s.37; 1979, c.41, s.80; 2005, c.P-26.5, s.28; 2022, c.60, s.76; 2023, c.17, s.155
Committee of the estate of a patient
37(1)Notwithstanding that under the Infirm Persons Act a person other than the Public Trustee has been appointed as the committee of the estate of a patient, The Court of King’s Bench of New Brunswick may at any time upon the application of the Public Trustee appoint the Public Trustee as committee instead of the person appointed under that Act.
37(1.1)On appointment under subsection (1), the Public Trustee has all the powers, authority, rights, duties and responsibilities conferred or imposed upon him or her under this Act and the Public Trustee Act with regard to the management of estates of patients and a certificate of incompetence shall be deemed to have been issued.
37(2)If at any time a person other than the Public Trustee is appointed as committee of the estate of a patient under the Infirm Persons Act, the Public Trustee ceases to be the committee of the estate under this Act and shall account for and transfer to the committee so appointed the estate of the patient that has come into his or her hands.
37(3)An order under the Infirm Persons Act for the appointment of a person other than the Public Trustee as a committee of the estate of a patient shall not be made without the consent of the Public Trustee unless seven days notice of the petition has been given to the Public Trustee.
37(4)The acts of the Public Trustee while committee of the estate of a patient under this Act are not rendered invalid by the making of an order appointing another committee.
1969, c.13, s.37; 1979, c.41, s.80; 2005, c.P-26.5, s.28; 2023, c.17, s.155
Committee of the estate of a patient
37(1)Notwithstanding that under the Infirm Persons Act a person other than the Public Trustee has been appointed as the committee of the estate of a patient, The Court of Queen’s Bench of New Brunswick may at any time upon the application of the Public Trustee appoint the Public Trustee as committee instead of the person appointed under that Act.
37(1.1)On appointment under subsection (1), the Public Trustee has all the powers, authority, rights, duties and responsibilities conferred or imposed upon him or her under this Act and the Public Trustee Act with regard to the management of estates of patients and a certificate of incompetence shall be deemed to have been issued.
37(2)If at any time a person other than the Public Trustee is appointed as committee of the estate of a patient under the Infirm Persons Act, the Public Trustee ceases to be the committee of the estate under this Act and shall account for and transfer to the committee so appointed the estate of the patient that has come into his or her hands.
37(3)An order under the Infirm Persons Act for the appointment of a person other than the Public Trustee as a committee of the estate of a patient shall not be made without the consent of the Public Trustee unless seven days notice of the petition has been given to the Public Trustee.
37(4)The acts of the Public Trustee while committee of the estate of a patient under this Act are not rendered invalid by the making of an order appointing another committee.
1969, c.13, s.37; 1979, c.41, s.80; 2005, c.P-26.5, s.28
Committee of the estate of a patient
37(1)Notwithstanding that under the Infirm Persons Act a person other than the Administrator of Estates has been appointed as the committee of the estate of a patient, The Court of Queen’s Bench of New Brunswick may at any time upon the application of the Administrator of Estates appoint him as committee instead of the person appointed under that Act, and on appointment the Administrator of Estates has and may exercise all the rights and powers conferred upon him by this Act with regard to the management of estates and a certificate of incompetence shall be deemed to have been issued.
37(2)If at any time a committee of the estate of a patient is appointed under the Infirm Persons Act, the Administrator of Estates thereupon ceases to be committee of the estate and shall account for and transfer to the committee so appointed the estate of the patient that has come into his hands.
37(3)An order shall not be made under the Infirm Persons Act for the appointment of a committee of the estate of a patient without the consent of the Administrator of Estates unless seven days notice of the petition has been given to him.
37(4)The acts of the Administrator of Estates while committee of the estate of a patient are not rendered invalid by the making of an order appointing another committee.
1969, c.13, s.37; 1979, c.41, s.80