The Gazette 1993

GAZETTE

GEM N

JUNE 1993

this is likely to be long term.

The reports should also state

that the respondent is

incapable of managing his

affairs. These medical

reports are required to

support a petition for an

inquiry as to the soundness

or unsoundness of the mind

of any person (0.67-R.4(3))

(ii)

Application for Wardship

(0.67 R.4)

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):

(a)the name, address,

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,

(e)the name, address,

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).

(\\\)Obtaining Inquiry Order;

The petition is lodged with

the two medical reports in

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.

(w) Service of Petition for

Inquiry (0.67 R.8)

An attested copy of the

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.

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

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.

Statement of Facts (0.67-R.40):

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.

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,

(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

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