Acts and Regulations

M-10 - Mental Health Act

Full text
Management of estate after discharge
53(1)Where a person with respect to whom a notice of continuance has been received by the Public Trustee may not, based upon a report of the attending psychiatrist or other evidence available to the Public Trustee, be competent to manage his or her estate upon the termination of the committeeship or a person discharged has refused or neglected to take his or property or any part of his or her property from the Public Trustee, the Public Trustee may apply to The Court of King’s Bench of New Brunswick for directions as to the disposal of such property, and the court may make such order as it deems just, and may in its discretion order that the Public Trustee continue to manage the estate of such person with all the powers, authority, rights, duties and responsibilities that the Public Trustee would have had under this Act and the Public Trustee Act with regard to the management of the estate if the committeeship had not been terminated.
53(2)Where the Public Trustee continues to manage an estate under subsection (1), The Court of King’s Bench of New Brunswick may, upon application, make such further order as it deems just and may, in its discretion, order that the management of the estate by the Public Trustee be relinquished.
1969, c.13, s.53; 1979, c.41, s.80; 1989, c.23, s.12; 2005, c.P-26.5, s.28; 2023, c.17, s.155
Management of estate after discharge
53(1)Where a person with respect to whom a notice of continuance has been received by the Public Trustee may not, based upon a report of the attending psychiatrist or other evidence available to the Public Trustee, be competent to manage his or her estate upon the termination of the committeeship or a person discharged has refused or neglected to take his or property or any part of his or her property from the Public Trustee, the Public Trustee may apply to The Court of Queen’s Bench of New Brunswick for directions as to the disposal of such property, and the court may make such order as it deems just, and may in its discretion order that the Public Trustee continue to manage the estate of such person with all the powers, authority, rights, duties and responsibilities that the Public Trustee would have had under this Act and the Public Trustee Act with regard to the management of the estate if the committeeship had not been terminated.
53(2)Where the Public Trustee continues to manage an estate under subsection (1), The Court of Queen’s Bench of New Brunswick may, upon application, make such further order as it deems just and may, in its discretion, order that the management of the estate by the Public Trustee be relinquished.
1969, c.13, s.53; 1979, c.41, s.80; 1989, c.23, s.12; 2005, c.P-26.5, s.28
Management of estate after discharge
53(1)Where a person with respect to whom a notice of continuance has been received by the Administrator of Estates may not, based upon a report of the attending psychiatrist or other evidence available to the Administrator of Estates, be competent to manage his estate upon the termination of the committeeship or a person discharged has refused or neglected to take his property or any part thereof from the Administrator of Estates, the Administrator of Estates may apply to The Court of Queen’s Bench of New Brunswick for directions as to the disposal of such property, and the court may make such order as it deems just, and may in its discretion order that the Administrator of Estates continue to manage the estate of such person with all the rights and powers that the Administrator of Estates would have had under this Act if the committeeship had not been terminated.
53(2)Where the Administrator of Estates continues to manage an estate under subsection (1), The Court of Queen’s Bench of New Brunswick may, upon application, make such further order as it deems just and may, in its discretion, order that the management of the estate by the Administrator of Estates be relinquished.
1969, c.13, s.53; 1979, c.41, s.80; 1989, c.23, s.12