My Loved One Has Become Mentally Incapacitated: What Legal Steps Can I Take?
Discovering the news that a loved one has been diagnosed with a mental disorder can be difficult to process or even cope with. As you try to adjust to the new changes that your loved one faces, you may begin to recognize that managing the affairs of your loved one will have numerous legal implications.
In this blog post, we discuss some of the details you should consider when making legal decisions for a person who has been diagnosed by a medical practitioner with a mental disorder in Barbados. We will briefly discuss the court process of a receivership application in Barbados as well as the implications of appointing a receiver to act on behalf of a person with mental incapacity.
According to the Mental Health Act, Cap. 45 of the Laws of Barbados, a “mental disorder” is defined as:
“…mental illness, arrested or incomplete development of mind, psychopathic disorder and any other disorder or disability of mind.””
As such, there must be medical evidence which confirms the mental health of the patient in question.
In instances where your loved one has become mentally incapacitated, that person may be unable to make decisions on his or her own and may therefore require the guidance and assistance of a loved one to help them manage and administer their affairs. These may include making decisions on his or her behalf such as administering appropriate medical care, ensuring daily maintenance of the patient, managing his or her finances, as well as dealing with real estate and personal property.
Where vital decisions such as those described above are needed for the mentally incapacitated individual, it may become necessary to make an application to the court to have a receiver put in place.
What is a Receiver?
A court-appointed receiver is an individual who is designated by the court to care for a mentally incapacitated person who is by reason of his or her mental disorder, incapable of managing or administering his or her property and affairs. Before the appointment is made, the an application will need to be filed in the court. The application will then be thoroughly assessed and reviewed by a High Court judge before a decision is made. The court will determine whether the appointment is required, the extent of the powers that will be granted, if any, as well as provide any further directions as deemed fit. If the court-appointment has been granted, the court will require that an account for the administration of the patient is provided on a periodic basis.
A court-appointed receiver has a duty towards the patient and will hold all the responsibilities as entrusted to him or her, being those duties which are ordered or directed by the Court. Each case will turn on its own facts as each patient will have varying needs and interests.
Key terminology
Below are some important terms to be aware of regarding the receivership process.
Mental disorder – mental illness, arrested or incomplete development of mind, psychopathic disorder and any other disorder of disability of mind
Patient – a person suffering or appearing to be suffering from a mental disorder
Receiver of the patient – an individual appointed by the Court to do all such things in relation to the property and affairs of the patient as the court orders or directs
Receivership – a legal process in which the court appoints an individual to manage and administer the affairs of a patient
Medical visitor – a medical practitioner with special knowledge of mental disorder who is appointed to investigate matters and prepare a report for the Court relating to the capacity of any patient to manage and administer his or her property and affairs
Legal Visitor – an attorney-at-law who is appointed to investigate matters and prepare a report for the Court relating to the capacity of any patient to manage and administer his or her property and affairs
Questions?
Thank you for taking the time to read this blog post. We hope you find it useful!
If you are a seeking further guidance on the receivership process, check out this article on an ‘Overview of Mental Health Receivership in Barbados’.
To find out if we can be of assistance, kindly contact our office by clicking here.
To help you further, we’ve created a Receivership Planning Worksheet to help you with getting organized. You can access it by clicking here.
