Revised Laws of Saint Lucia (2021)

38.   Application of property belonging to person of unsound mind for his or her maintenance

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    (1)   In all cases the High Court or judge may upon the petition of any person make an order as to the application of any property of a person of unsound mind confined under this Act or the income thereof in or towards the expenses of the maintenance and support of such person of unsound mind or in or towards recouping the expenses of his or her past maintenance and support, or in case any person undertakes to pay the expenses of such maintenance and support or such portion of these expenses as the Court or judge deems reasonable may suspend the making of such order for such time and upon such terms as the Court or judge thinks fit.

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    (2)   The expenses of such maintenance and support or past maintenance and support shall be a charge upon the real estate of the person of unsound mind in the same manner as if such person had power to charge and by writing under his or her hand had agreed to charge his or her real estate therewith.

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    (3)   The application to the High Court or judge shall be by petition in a summary way.

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    (4)   Any application under this section shall be served upon such persons and in such manner as the Court or judge directs.

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    (5)   Whether any order under this section is made, suspended, or refused, the Court or judge shall make such order as is just as to the costs of the applicant, and such costs shall be recoverable by distress and sale of the personal estate of the person of unsound mind and shall be a charge upon his or her real estate in the same manner as if such person had power to charge and by writing under his or her hand had agreed to charge his or her real estate therewith.