Management of patient’s estate
36(1)Where a patient is admitted to a psychiatric facility, he shall be forthwith examined by the attending psychiatrist to determine whether he is competent to manage his estate.
36(2)The attending psychiatrist may examine a patient at any time to determine whether he is competent to manage his estate.
36(3)If, after an examination under subsection (1) or (2), the attending psychiatrist is of the opinion that the patient is not competent to manage his estate, he shall issue a certificate of incompetence in respect of that patient on a form provided by the Minister and the administrator shall forward the certificate to the Public Trustee.
36(4)Where it appears that the patient’s estate should be brought immediately under the management of the Public Trustee, and that a certificate of incompetence has been issued, the administrator shall notify the Public Trustee in the fastest manner possible that a certificate of incompetence has been issued.
36(5)Notwithstanding that no certificate of incompetence has been issued in his case, a patient may, at any time, in writing signed and sealed by him, appoint the Public Trustee as committee of his estate while he is a patient in a psychiatric facility, and any such appointment may be revoked by the patient at any time in writing signed and sealed by him.
36(5.1)If the Public Trustee becomes a committee of the estate of a patient in a psychiatric facility, the administrator shall obtain and forward to the Public Trustee a completed financial statement of the estate of the patient on a form provided by the Minister.
36(6)This section does not apply to a patient for whom a representative with powers in relation to the patient’s financial matters has been appointed under the
Supported Decision-Making and Representation Act.
1969, c.13, s.36; 1989, c.23, s.7; 2005, c.P-26.5, s.28; 2014, c.19, s.21; 2022, c.60, s.76