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CIVIL CODE OF SAINT LUCIA
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CHAPTER SECOND INQUISITION AS TO UNSOUNDNESS OF MIND

Revised Laws of Saint Lucia (2021)

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CHAPTER SECOND
INQUISITION AS TO UNSOUNDNESS OF MIND

(Substituted by Act 34 of 1956)

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    285.   

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      (1)     It shall be lawful for the Supreme Court or any Judge thereof, on petition supported by affidavit to order an inquisition whether a person is of unsound mind and incapable of managing himself or herself and his or her affairs.

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      (2)     All such petitions shall be addressed to a Judge of the Supreme Court, and shall contain a specification of the acts of unsoundness of mind.

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      (3)     Where the person alleged to be of unsound mind is within the jurisdiction, he or she shall have notice of the petition and shall be entitled to demand an inquiry before a jury. Where he or she is not within the jurisdiction, it shall not be necessary to give him or her notice of the petition, and the inquisition shall be before a jury.

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    286.   Where the person alleged to be of unsound mind demands a jury, the Judge shall in his or her order for inquisition direct the return of a jury, unless he or she is satisfied by personal examination of such person, that he or she is not mentally competent to form and express a wish for an inquisition before a jury; and the Judge may, where he or she deems it necessary, and for the purpose of personal examination, require the person alleged to be of unsound mind to attend before him or her at such convenient time and place as he or she may appoint.

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    287.   The Judge may make general orders for regulating the procedure in cases of trial by jury under this article.

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    288.   The inquisition shall be had by and before the Supreme Court and the Judge shall personally examine the person alleged to be of unsound mind and take such evidence, upon oath or otherwise, and call for such information as he or she thinks fit, in order to ascertain whether or not such person is of unsound mind.

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    Provided nevertheless that where the person alleged to be of unsound mind is confined in a mental hospital in Saint Lucia or elsewhere, it shall not be necessary for the Judge to examine him or her personally but a certificate establishing his or her mental condition signed by the Medical Superintendent of the Mental Hospital must be produced.

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    289.   

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      (1)     The inquisition shall be confined to the question whether or not the person who is the subject of the inquisition is, at the time of such inquisition, of unsound mind and incapable of managing himself or herself or his or her affairs, and no evidence as to anything done or said by him or her, or as to his or her demeanour or state of mind at any time, being more than 2 years before the time of the inquisition, shall be receivable in proof of unsoundness of mind on any such inquisition, unless the Court or Judge shall otherwise direct.

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      (2)     If upon such inquisition it appears that the person alleged to be of unsound mind is of unsound mind, so as to be incapable of managing his or her affairs, but that he or she is capable of managing himself or herself and is not dangerous to himself or herself, or to others, it may be so specially found and certified.

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    290.   It shall be lawful for the Court or Judge, upon a petition being presented within 3 months next after the trial of any such issue, to order a new inquisition as to the insanity of the person alleged to be of unsound mind, subject to such directions and upon such conditions as to the Judge may seem proper.

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    291.   

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      (1)     Where upon an inquisition the Court or Judge finds that the person who is the subject of the inquisition is of unsound mind, the Judge may make an order for the appointment of a curator to the person and property of the person so found to be of unsound mind, and every such order shall take effect from the date thereof.

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      (2)     Where upon the inquisition it is specially found or certified that the person to whom the inquisition relates is of unsound mind so as to be incapable of managing his or her affairs, but that he or she is capable of managing himself or herself, and is not dangerous to himself or herself or to others, the Judge may make such orders as he or she thinks fit for the appointment of a curator of the property of the person of unsound mind and its management, including all proper provisions for the maintenance of the person of unsound mind, but it shall not be necessary, unless in the discretion of the Judge it appears proper to do so, to make any order as to the custody or curatorship of the person of the person of unsound mind.

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      (3)     A person of unsound mind so found by inquisition is in this Code referred to as an interdicted person.

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    292.   Any order under the preceding article may be made notwithstanding proceedings are pending for a new trial, and any person acting upon an order so made shall be indemnified as effectually as if there had been no right of a new trial.

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    293.   An order made under the provisions of this Chapter must at the instance of the petitioner forthwith be notified to the person found to be a person of unsound mind, and inscribed without delay by the Registrar on the roll kept for that purpose, and publicly exposed in the Registry.

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    294.   All acts done by the person found to be a person of unsound mind, subsequently to the making of the order, are void.

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    295.   Acts anterior to the order may nevertheless be set aside, if the fact of such insanity notoriously existed at the time when these acts were done.

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    296.   

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      (1)     The Judge, if satisfied by a report of the Medical Superintendent of a mental hospital, or any other evidence, that a person of unsound mind so found by inquisition is cured and capable of managing his or her affairs, may make an order putting an end to the curatorship, and thereupon such person shall resume the exercise of his or her rights.

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      (2)     An order under this article may be made on such terms and conditions as the Judge thinks fit.

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      (3)     Notice of an order under this article shall be forthwith given to the curator.

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