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CHAPTER FOURTH RECEIVERS

Revised Laws of Saint Lucia (2021)

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CHAPTER FOURTH
RECEIVERS

(Substituted by Act 34 of 1956)

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    309.   In the case of any of the persons mentioned in article 311, any powers which, if such person were a person of unsound mind so found by inquisition under the provisions of the Lunacy Act, 1890 (3 & 4 Vict. c. 5) could be exercised by the committee of the estate, may be exercised by such person in such manner and with or without security, as the Judge subject to rules of Court, may direct, and any such order may confer on the person therein named authority to do any specified act or exercise until further order all or any of such powers without further application to the Judge.

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    310.   Without prejudice to the generality of the power conferred by the preceding article the Judge shall have and exercise the same power and jurisdiction to make orders relating to the management and administration of the property of persons to whom this Chapter applies as a Judge in Lunacy has under the law of England for the time being.

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    311.   The persons to whom this Chapter applies are:—

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      (a)     Persons of unsound mind so found by inquisition;

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      (b)     Persons of unsound mind not so found by inquisition, for the protection or administration of whose property any order has been made before this article came into force;

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      (c)     Every person lawfully detained as a person of unsound mind though not so found by inquisition;

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      (d)     Every person not so detained and not found a person of unsound mind by inquisition, with regard to whom it is proved to the satisfaction of the Judge that such person is through mental infirmity arising from disease or age incapable of managing his or her affairs;

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      (e)     Every person with regard to whom it is proved to the satisfaction of the Judge that such person is of unsound mind and incapable of managing his or her affairs, and that his or her property does not exceed $10,000 in value, or that the income thereof does not exceed $500 per annum;

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      (f)     Every person with regard to whom the Judge is satisfied by affidavit or otherwise that such person is or has been a prisoner of unsound mind and continues to be of unsound mind and in confinement;

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      (g)     Every person received as a patient for temporary treatment under the provisions of sections 37A and 37B of the Mental Hospitals Act;

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      (h)     Every person with respect to whom the Judge is satisfied that though not amenable to any jurisdiction in lunacy he or she is by reason of habitual intemperate drinking of intoxicating liquor, or the habitual taking or using, of opium or other dangerous drugs within the meaning of the Drugs (Prevention of Misuse) Act, incapable of managing his or her affairs.

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    311A.   Every person appointed to do any act, or exercise any power under the provisions of this Chapter, shall be subject to the jurisdiction and authority of the Judge as if such person were the curator of the property of a person of unsound mind so found by inquisition. (Added by Act 34 of 1956)

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    311B.   The powers conferred by this Chapter relating to management and administration shall be exercisable in the discretion of the Judge for the maintenance or benefit of the person of unsound mind or the habitual drunkard or of him or his family or where it appears to be expedient in the due course of the management of his or her property. (Added by Act 34 of 1956)

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    311C.   Nothing in this Chapter shall subject the property of a person of unsound mind or a habitual drunkard to claims of his or her creditors further than the same is now subject thereto by due course of law. (Added by Act 34 of 1956)

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    311D.   An application for an order under the foregoing articles of this Chapter shall be made by petition to a Judge in Chambers supported by affidavit and by such other proof as the Court or Judge may deem necessary. (Added by Act 34 of 1956)

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