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Mental Health Act · s 47

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s 47Appointment of suitable person or group of persons

(1)

If the Court finds that the person who is alleged to be a mentally disordered person is incapable of managing himself and his affairs due to his mental disorder, the Court may appoint a suitable person or group of persons, of the mentally disordered person and of the estate of the mentally disordered person and may, as the Court thinks fit, make an order —

(a)

as to the remuneration, if any, of the suitable person or group of persons, out of the person’s estate; or

(b)

as to the giving of security by the suitable person or group of persons.

(2)

Where the Court finds that the mentally disordered person does not pose any risk of danger to himself or to others, the Court may appoint a suitable person or group of persons of his estate without appointing a suitable person or group of persons of his person.

(3)

For the purposes of subsection (1), where the mentally disordered person is a Muslim, the Court must satisfy itself that the suitable person or group of persons is entitled in accordance with Hukum Syara’ for appointment under that subsection.

(4)

For the purposes of the subsection (3), the Court shall refer the matter to the Syariah Courts constituted under the Syariah Courts Act

(Chapter 184) and shall act upon any decision of the Syariah Court.