Mental Treatment Act, 1945

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Nomination of person to take place of applicant for a reception order.

275.—(1) The Minister may by order nominate to take the place of the person, including a deceased person, who was the applicant for a reception order (in this section referred to as the applicant) any other person willing to assume the duties and responsibilities of the applicant, and such other person shall, as on and from the date of the order, be subject to every obligation and may exercise every power of the applicant.

(2) An order under this section shall not release the applicant, or the person who immediately before the order was made was the nominee under this section taking the place of the applicant, from any liability previously incurred by him.

(3) Where the Minister proposes to make an order under this section and has not previously obtained the consent to the order of the applicant or the person who for the time being is the nominee under this section taking the place of the applicant (as the case may be), the Minister shall, if the applicant or such nominee is alive, give notice to him of the proposal to make the order and of the name of the person proposed to be nominated by the order and shall not make the order until after the expiration of fourteen days from the giving of the notice nor until he has considered the statement (if any) made under sub-section (4) of this section consequent upon the notice.

(4) At any time during a period of fourteen days from the giving of a notice under sub-section (3) of this section, the person to whom the notice is given may furnish the Minister with a written statement of his objections to the making of an order under this section.

(5) Every reference in this Act to a person on whose application a reception order is made shall include a reference to the person (if any) for the time being nominated under this section to take his place.