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The Mental Health Amendment Act

S.M. 1988-89, c. 24

Bill 38, 1st Session, 34th Legislature

The Mental Health Amendment Act

(Assented to December 20, 1988)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. M110 amended

1           The Mental Health Act is amended in the manner set out in this Act.

Subsection 24(1) amended

2           Subsection 24(1) is amended by adding "(5.1)" after "(2)".

Subsection 24(2) amended

3           All that portion of subsection 24(2) that precedes clause (a) is repealed and the following is substituted:

Consent on behalf of minor

24(2)       Consent to psychiatric treatment may be given in the case of a patient who is a minor,

Subsection 24(5) amended

4           Subsection 24(5) is repealed and the following is substituted:

Request for review

24(5)       Upon receipt of a certificate under subsection (4), the medical officer in charge shall

(a) send the certificate to the Public Trustee;

(b) send a copy of the certificate to the patient and to the most immediately available adult member of the patient's family; and

(c) notify the patient and the member of the patient's family in writing of the right to have the physician's opinion reviewed by the review board by filing with the review board an application for a review.

Subsection 24(5.1) added

5           The following is added after subsection 24(5):

Consent by Public Trustee

24(5.1)     Upon receipt of a certificate under subsection (5), or upon being notified by the physician who completed the certificate that it is being sent by the medical officer in charge, the Public Trustee may give consent to psychiatric or other medical treatment on behalf of the patient until

(a) the review board or the court determines that the patient is mentally competent to consent; or

(b) the certificate is cancelled.

Subsection 26.11(2) rep. and sub.

6           Subsection 26.11(2) is repealed and the following is substituted:

Public Trustee notified

26.11(2)    Where a physician certifies under subsection (1) that a person is not capable of managing his or her affairs, the physician shall forthwith forward a copy of the certificate to the medical officer in charge who if satisfied that the physician's opinion is supported by his or her reasons shall

(a) send the certificate to the Public Trustee; and

(b) send a copy of the certificate to the person and to the most immediately available adult member of the person's family.

Subsection 26.11(3) rep. and sub.

7           Subsection 26.11(3) is repealed and the following is substituted:

Effect of certificate

26.11(3)    Upon receipt of a certificate under subsection (2), or upon being notified by the physician who completed the certificate that it is being forwarded by the medical officer in charge, the Public Trustee is the committee of the person and of the estate of the person until

(a) otherwise ordered by the court under subsection (4);

(b) the certificate is cancelled; or

(c) the patient is discharged.

Subsection 26.12(1) rep. and sub.

8           Subsection 26.12(1) is repealed and the following is substituted:

Certificate

26.12(1)    Where a physician has examined a person who is not in a psychiatric facility or who is about to be discharged from a psychiatric facility, and the physician is of the opinion having regard to the circumstances set out in subsection 26.11(1) that the person is not capable of managing his or her affairs, the physician shall complete a certificate with reasons as to his or her opinion and shall send the certificate to the director who, if satisfied that the physician's opinion is supported by his or her reasons, shall

(a) make an order of supervision;

(b) send the certificate and order to the Public Trustee; and

(c) send copies of the certificate and the order to the person and to the most immediately available adult member of the person's family;

and advise them that they may make an application under subsection (3).

Section 26.13 repealed

9           Section 26.13 is repealed.

Subsection 80(1) amended

10          Subsection 80(1) is amended by striking out "or" at the end of clause (a), by adding "or" at the end of clause (b), and by adding the following after clause (b):

(c) a person is a mental retardate who is placed in an institution or under supervision under Part II;

Subsections 80(1.1), (1.2) and (1.3) added

11          The following is added after subsection 80(1):

Powers of Public Trustee

80(1.1)     Where the Public Trustee is the committee under subsection (1), the Public Trustee may

(a) determine, subject to subsection (1.3), where and with whom the person shall live whether permanently or temporarily;

(b) commence, compromise or settle any legal proceeding that does not relate to the estate of the person; and

(c) consent to any health care of the person.

Consultation

80(1.2)     In exercising the power conferred by subsection (1.1), the Public Trustee shall, where reasonably possible, consult with the person's family.

Consent

80(1.3)     The Public Trustee may only place a person pursuant to clause (l.l)(a) with a person who consents to the placement and the person may on reasonable notice to the Public Trustee withdraw his or her consent and the Public Trustee shall thereupon make a new determination under clause (l.l)(a).

Subsection 80(2) rep. and sub.

12          Subsection 80(2) is repealed and the following is substituted:

Request by patient

80(2)       Where a patient in a psychiatric facility requests the assistance of the Public Trustee to administer his or her estate, the Public Trustee may administer his or her estate if the Public Trustee has accepted a power of attorney executed by the patient.

Subsection 80(3) rep. and sub.

13          Subsection 80(3) is repealed and the following is substituted:

Duration

80(3)       The authority of the Public Trustee to act as a person's committee continues until

(a) the certificate under section 26.11 or section 26.12 is rescinded or cancelled;

(b) the order under subsection 32(1) is rescinded or cancelled; or

(c) the Public Trustee is discharged as committee by order of the court.

Section 80.1 added

14          The following is added after section 80:

Public Trustee to continue as committee

80.1        If on February 29th, 1988 the Public Trustee was the committee for a person because of that person's detention as a patient in a psychiatric facility, the committeeship of the Public Trustee shall not be invalid by reason only that the provisions of the Act under which the detention was made have ceased to have effect.

Section 82 rep. and sub.

15          Section 82 is repealed and the following is substituted:

Powers of Public Trustee

82          While acting as a person's committee, the Public Trustee has all the powers of a committee appointed by the court, including the powers that the committee of the estate of a person may be authorized to exercise under section 69, and the powers given to such a committee by section 70.

Subsections 83(1), (2) and (3) rep. and sub.

16          Subsections 83(1), (2) and (3) are repealed and the following are substituted:

Contracts made by Public Trustee

83(1)       Where the Public Trustee enters into a contract on behalf of a person for whom the Public Trustee acts as committee, the contract is binding on that person after the Public Trustee ceases to act as his or her committee, or in the event of his or her death, upon his or her heirs, executors or administrators, in the same manner and to the same extent as if he or she had made it.

Public Trustee to carry out obligation

83(2)       Where the person fails to carry out his or her obligations under subsection (1) after the Public Trustee ceases to act as his or her committee, or if he or she dies and there is no executor or administrator appointed to carry out the obligations, or the executor or administrator fails to carry them out, the Public Trustee may do so in the same manner and to the same extent as the Public Trustee might have done as the committee of that person.

Conveyance of title by Public Trustee

83(3)       Where a sale of land is made on behalf of a person by the Public Trustee as committee, the Public Trustee may convey title, notwithstanding that the Public Trustee no longer acts as the person's committee or the person has died before a conveyance or transfer of the land so sold has been executed or registered.

Subsection 83(6) amended

17          Subsection 83(6) is amended by adding "during the committeeship of the Public Trustee" after "deemed."

Coming into force

18(1)       This Act, except section 14, comes into force on the day it receives the royal assent.

Coming into force of section 14

18(2)       Section 14 is deemed to have come into force on March 1, 1988.