Section 33 — Protection of Personal and Property Rights Act 1988: Application to trustee corporation in respect of small estates

33 Application to trustee corporation in respect of small estates (1) A person who may apply for an order under any of paragraphs (b) to (d) and (f) to (h) of section 26 of this Act may apply to a trustee corporation to act as manager for any other person in respect of any property of that other person, the gross value of which does not exceed $100,000 or such other amount as is, from time to time, prescribed by Order in Council for the purposes of this subsection. (2) No application may be made under subsection (1) of this section in relation to any property in respect of which a Court does not have jurisdiction under this Part of this Act. (3) Every application under this section shall be in writing, and shall— (a) Contain particulars of the person's lack of competence to manage his or her own affairs in relation to his or her property; and (b) Specify the property of the person in respect of whom the application is made, and the rights and powers in respect of that property, of which the applicant wishes the trustee corporation to assume control; and (c) be accompanied by certificates from 2 medical practitioners (at least 1 of whom must be independent of the applicant and the person in respect of whom the application is made) as to whether or not that person— (i) lacks the competence to manage his or her own affairs in relation to his or her property, and, if so, to what extent; and (ii) is able to understand the nature, purpose, and consequences of the application; and (d) Where a certificate referred to in paragraph (c) of this subsection indicates that the person in respect of whom the application is made is able to understand the nature, purpose, and consequences of the application, be accompanied by a statutory declaration by the person that he or she has received independent legal advice about, and understands the nature, purpose, and consequences of, the application and that person's right under section 34(c) of this Act to declare that the trustee corporation shall no longer act as manager; and (e) Be made to the trustee corporation within 30 days after the date of the earlier of the 2 medical certificates referred to in paragraph (c) of this subsection or of the date of any statutory declaration referred to in paragraph (d) of this subsection, whichever is the earlier. (4) If the trustee corporation is satisfied that— (a) The person in respect of whom the application is made is not wholly competent to manage his or her own affairs in relation to his or her property; and (b) It is in the best interests of that person that a manager act for that person; and (c) The applicant seeks to have the trustee corporation assume control of the property of that person, and of that person's rights and powers in respect of that property (as specified in the application) only to the extent necessary having regard to the degree of that person's lack of competence,— the trustee corporation may accept the application and file a copy of it with a Court within 30 days after the making of the application. (5) The trustee corporation shall make such inquiries and obtain such reports as it thinks necessary for the purposes of subsection (4) of this section. (6) On the filing of a copy of an application under subsection (4) of this section, the trustee corporation shall become the manager of the property specified in the application and shall have and may exercise in respect of that property the rights and powers specified in the application. (7) If, after filing a copy of an application under subsection (6) of this section, the gross value of the person's property is found to exceed $120,000 or such other amount as is, from time to time, prescribed by Order in Council for the purposes of this subsection at the time of such filing, the trustee corporation shall file in the Court a memorandum stating that fact, and seeking the leave of the Court to withdraw the application. Subsection (1) was amended, as from 28 July 1997, by section 3(1) Protection of Personal and Property Rights Amendment Act 1997 (1997 No 52) by inserting the words “ or such other amount as is, from time to time, prescribed by Order in Council for the purposes of this subsection ” . The original subsection (3)(c) was amended, as from 1 July 1994, by section 3 Protection of Personal and Property Rights Amendment Act 1994 (1994 No 54) by substituting the words “ medical specialist ” for the word “ psychiatrist ” . Subsection (3)(c) was substituted, as from 1 July 1996, by section 143(1) Medical Practitioners Act 1995 (1995 No 95). See clause 2 Medical Practitioners Act Commencement Order 1996 (SR 1996/162). Subsection (3)(c) was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. Subsection (7) was amended, as from 28 July 1997, by section 3(2) Protection of Personal and Property Rights Amendment Act 1997 (1997 No 52) by inserting the words “ or such other amount as is, from time to time, prescribed by Order in Council for the purposes of this subsection ” .