The Gazette 1993

I

M N A GEM N JUNE 1993

GAZETTE

this is likely to be long term. The reports should also state that the respondent is incapable of managing his support a petition for an inquiry as to the soundness or unsoundness of the mind of any person (0.67-R.4(3)) affairs. These medical reports are required to The application for wardship must be made by a petition, praying for an inquiry as to the soundness or unsoundness of mind of any person. The petitioner will normally be next of kin, but could be a stranger. It is known as a section 15 petition as the procedure in S.15 of the 1871 Act is followed in these applications by the Judge. The petition must state the following (0.67 R.4(l) - Appendix K - Form 2): religion, age, description and marital status of the respondent, (b)the names, descriptions, religion and addresses of the next of kin, (c)the names, descriptions, religion and addresses of persons residing with the ward, (d)the nature and amount of the respondent's property and his debts, (a)the name, address,

the Judge will normally declare the respondent to be made a ward of Court. (0.67 Rules 10-16 deal with the procedure where the inquiry is before a jury). With a section 15 petition, the Judge usually makes the Wardship Order under S.15 1871 Act. This Order (referred to as "a Declaration Order") will normally contain a direction that the ward be detained in a hospital/institution. The Order will also direct that the petitioner or other suitable person is to file a statement of facts. The statement of facts must be filed in the Wards of Court Office within three weeks of the Declaration Order. When filed, a date is given for the solicitors acting for the petitioner to attend before the Registrar to discuss the statement of facts and any matters arising. Statement of Facts (0.67-R.40):

the Wards of Court Office and the registrar submits the petition to the judge. The Judge then makes an inquiry order (if he thinks fit) in chambers on receipt , of the petition and two medical reports (0.67 R6). The Registrar's doctor ("medical visitor") is then requested to examine the respondent. He prepares an independent medical report for the benefit of the Judge and Registrar, which is confidential. petition is then served by the petitioner or his solicitor, on the respondent, with a notice endorsed on the petition (Appendix K - Form 4). This notice notifies the respondent, that an inquiry has been provisionally ordered as to whether he is of unsound mind and incapable of managing his person and property and that if he wishes to object to the inquiry or demand that such inquiry be had before a jury, he must do so within seven days of receiving the attested copy petition. The petitioner or solicitor who serves the attested copy petition on the respondent should then complete an affidavit of service. The copy petition with the notice endorsed thereon and the affidavit of service is then lodged in the Wards of Court Office.

(ii) Application for Wardship (0.67 R.4)

(w) Service of Petition for Inquiry (0.67 R.8) An attested copy of the

The statement of facts has to set forth the following particulars:

(a) the ward's situation,

(b) the nature of his mental illness,

(c) who should be appointed

committee of his person and of his estate,

(d) the value of his property,

(e) the amount of his gross and net income,

( 0

the present and future cost of his maintenance,

(g) what debts are due by the ward,

(e)the name, address,

(h) the location of the ward's will, if any. Appointment of Committee (0.67 - Rules 41 - 47 ): When the solicitor for the petitioner attends before the Registrar to discuss the statement of facts the terms of the wardship order are discussed and agreed. The order is then submitted to the judge for approval and

religion and description of the petitioner. The petitioner must also swear that the contents of the petition are true (0.67 Rule 4(3) - Appendix K Form 3).

Wardship Order

(After the originating procedure at A,B,C, or D above have been complied with) If the respondent has not objected to the proposed enquiry (0.67 - R.18) or demanded a jury hearing, then

(\\\)Obtaining Inquiry Order; The petition is lodged with the two medical reports in

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