Acts and Regulations

M-10 - Mental Health Act

Full text
Idem
38(1)The Public Trustee becomes committee of the estate of the patient and shall assume management of the estate upon receipt of an appointment under subsection 36(5).
38(2)Subject to subsection (3), the Public Trustee becomes committee of the estate of the patient and shall assume management of the estate
(a) upon receipt of a certificate of incompetence, or
(b) upon receipt of notice under subsection 36(4).
38(3)If a patient has appointed an attorney for property under the Enduring Powers of Attorney Act, the Public Trustee, despite receipt of the certificate referred to in paragraph (2)(a) or the notice referred to in paragraph (2)(b), does not become committee under this Act of that part of the patient’s estate in relation to which the attorney for property has authority, nor shall the Public Trustee assume management under this Act of that part of the patient’s estate.
1969, c.13, s.38; 1987, c.44, s.2; 2005, c.P-26.5, s.28; 2019, c.30, s.31
Committee of the estate of a patient
38(1)The Public Trustee becomes committee of the estate of the patient and shall assume management of the estate upon receipt of an appointment under subsection 36(5).
38(2)Subject to subsection (3), the Public Trustee becomes committee of the estate of the patient and shall assume management of the estate
(a) upon receipt of a certificate of incompetence, or
(b) upon receipt of notice under subsection 36(4).
38(3)Where a patient is the donor of a power of attorney that contains the provision referred to in paragraph 58.2(1)(a) of the Property Act, the Public Trustee, notwithstanding receipt of the certificate referred to in paragraph (2)(a) or of the notice referred to in paragraph (2)(b), does not become committee under this Act of that part of the patient’s estate to which the power of attorney applies nor shall the Public Trustee assume management under this Act of that part of the patient’s estate.
1969, c.13, s.38; 1987, c.44, s.2; 2005, c.P-26.5, s.28
Committee of the estate of a patient
38(1)The Public Trustee becomes committee of the estate of the patient and shall assume management of the estate upon receipt of an appointment under subsection 36(5).
38(2)Subject to subsection (3), the Public Trustee becomes committee of the estate of the patient and shall assume management of the estate
(a) upon receipt of a certificate of incompetence, or
(b) upon receipt of notice under subsection 36(4).
38(3)Where a patient is the donor of a power of attorney that contains the provision referred to in paragraph 58.2(1)(a) of the Property Act, the Public Trustee, notwithstanding receipt of the certificate referred to in paragraph (2)(a) or of the notice referred to in paragraph (2)(b), does not become committee under this Act of that part of the patient’s estate to which the power of attorney applies nor shall the Public Trustee assume management under this Act of that part of the patient’s estate.
1969, c.13, s.38; 1987, c.44, s.2; 2005, c.P-26.5, s.28
Committee of the estate of a patient
38(1)The Administrator of Estates becomes committee of the estate of the patient and shall assume management of the estate upon receipt of an appointment under subsection 36(5).
38(2)Subject to subsection (3), the Administrator of Estates becomes committee of the estate of the patient and shall assume management of the estate
(a) upon receipt of a certificate of incompetence, or
(b) upon receipt of notice under subsection 36(4).
38(3)Where a patient is the donor of a power of attorney that contains the provision referred to in paragraph 58.2(1)(a) of the Property Act, the Administrator of Estates, notwithstanding receipt of the certificate referred to in paragraph (2)(a) or of the notice referred to in paragraph (2)(b), does not become committee of that part of the patient’s estate to which the power of attorney applies nor shall the Administrator of Estates assume management of that part of the patient’s estate.
1969, c.13, s.38; 1987, c.44, s.2