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