| (2) |
The application must be made in writing, under oath or solemn affirmation and must – |
| (a) |
set out the relationship of the applicant to that person and – |
| (i) |
if the applicant is not a spouse or next of kin of that person, the reason why the spouse or next of kin did not make the application; and |
| (ii) |
if they are not available to make the application, what steps were taken to establish their whereabouts before making the application; |
| (b) |
include all available mental health related medical certificates or reports relevant to the mental health status of that person and to his or her incapability to manage his or her property; |
| (c) |
set out the grounds on which the applicant believes that such person is incapable of managing his or her property; |
| (d) |
state that, within seven days immediately before submitting the application, the applicant had seen that person; |
| (e) |
state the particulars of that person and his or her estimated property value and annual income; and |
| (f) |
give the particulars and contact details of persons who may provide further information relating to the mental health status of that person . |
| (3) |
The applicant must attach proof that a copy of the application has been submitted to the mentally ill person. |
| (4) |
The Master of the High Court may, after considering the application – |
| (a) |
appoint an interim administrator pending the outcome of the investigation referred to subsection (5); or |
| (b) |
appoint an administrator without conducting such investigation, if – |
that sufficient good grounds exist to make the appointment.
| (5) |
The Master of the High Court must, within 30 days of receipt of the application, cause an investigation into the merits of the application to be conducted by a suitably qualified person, if – |
| (a) |
certain allegations in the application require confirmation; |
| (b) |
further information is required to support the application; or |
| (c) |
the estimated property value and annual income of that person is above the prescribed amount. |
| (6) |
The person conducting the investigation – |
| (a) |
must confirm all allegations and facts contained in the application and call on that person or his or her legal representative to respond to the application ; |
| (i) |
summon any person to appear before him or her to provide information and documents relevant to the application; and |
| (ii) |
enquire into the financial position of that person; and |
| (c) |
must submit a report on his or her findings to the Master of the High Court. |
| (7) |
The investigation must be finalised within 60 days of being instituted or such extended periods as may be granted by the Master. |
| (8) |
The Master must, within 14 days after considering the report – |
| (a) |
appoint an administrator; |
| (b) |
decline to appoint an administrator; or |
| (c) |
refer the matter for consideration by a High Court Judge in chambers. |
| (9) |
The Master must, in writing, inform the applicant and the mentally ill person or person with severe or profound intellectual disability of his or her decision and the reasons thereof. |
| (10) |
The applicant, mentally ill person or person with severe or profound intellectual disability may, within 30 days of receipt of the written notice, appeal against the decision of the Master by submitting a written notice of appeal to a High Court Judge in chambers and a copy to the Master setting out the grounds of the appeal. |
| (11) |
If the Master refers the application for the consideration by a High Court Judge in chambers, or receives a copy of the written notice of appeal, he or she must, within 14 days, submit to the High Court Judge in chambers a copy of – |
| (b) |
a written summary of his or her findings; |
| (c) |
a report on the investigation in terms of subsection (5), if conducted ; |
| (d) |
the reasons for declining the application or for referring the application to the High Court Judge in chambers; and |
| (e) |
the notice of appeal by the applicant, in the case of an appeal. |
| (12) |
The High Court Judge in chambers must, within 30 days of receipt of the relevant documents – |
| (a) |
consider the application or appeal, as the case may be, in the appropriate manner, including providing the— |
| (i) |
appellant or applicant, as the case may be; |
| (ii) |
independent mental health practitioners, if any; and |
| (iii) |
head of the relevant health establishment , with the opportunity to make oral or written representations on the merits of the application or appeal; |
| (b) |
make a recommendation; and |
| (c) |
send a written notice of the recommendation to the relevant Master of the High Court, the head of the relevant provincial department and the persons referred to in paragraph (a). |
| (13) |
The Master must, within 60 days of being notified of the recommendation by the High Court judge in chambers, cause an investigation to be conducted to determine a suitable candidate to be appointed as administrator for the person concerned and appoint the administrator. |
| (14) |
The costs for conducting the investigation referred to in subsections (5) and (13) must be- |
| (a) |
paid out of the estate of the mentally ill person or if the Master or the High Court judge in chambers is of the view that the application was trivial or vexatious, out of the property of the applicant; and |
| (b) |
determined by the Master after consultation with the person conducting the investigation. |
Older Persons Act, 2006
