(5) The effect of noting an appeal in terms of subsection (1) against a decision to release or discharge a patient shall have the effect of suspending the decision appealed against. PART XI CARE AND ADMINISTRATION O F P ROPERTY OF M ENTALLY DISORDERED OR INTELLECTUALLY H ANDICAPPED PERSONS 83 Interpretation in Part XI In this Part— “Master” means the Master of the High Court or an assistant Master of the High Court. 84 Magistrate to inquire into and report on patient’s property or estate (1) Every magistrate who— (a) issues a reception order or an order under subsection (2) of section thirty-eight; or (b) orders a person to be treated or to submit himself for treatment in terms of subsection (2) of section twenty-six, subsection (3) of section twenty-seven, subsection (4) of section twenty-eight or subsection (2) of section twenty-nine; or (c) receives notice of the admission of a patient under section fifty-five or sixty-three; or (d) receives a copy of an order sent to him in terms of subsection (8) of section twenty-eight, subsection (3) of section twenty-nine or subsection (3) of section thirty-eight; shall immediately make full inquiry as to the patient’s circumstances and, where necessary, as to his estate, and shall send a report on the result of his inquiry to the Attorney-General. (2) To assist him in his inquiry in terms of subsection (1), be magistrate may direct a designated social worker to visit the patient’s home or place of business and investigate the patient’s circumstances and property. (3) A designated social worker shall comply with any directions given to him by a magistrate in terms of subsection (2). 85 Steps to be taken for protection of patient’s property and maintenance of his dependents pending appointment of curator (1) Until the appointment of a curator in terms of section eighty-six to care for and administer a patient’s estate— (a) the patient’s spouse; or (b) failing the patient’s spouse, any child of the patient who is over the age of eighteen; or (c) failing any child of the patient over the age of eighteen, any other of the patient’s close relatives; or (d) failing any of the patient’s close relatives, the person who had charge or control of the house or place where the patient was living when he was removed in terms of this Act to an institution, special institution or other place; shall take charge of all property of whatever description belonging to the patient in the house or on the premis es concerned and, subject to any directions given to him in terms of subsection (2), shall retain such property in his custody until delivery of the property is demanded by the curator or by any other person lawfully entitled to receive it. (2) A magistrate for the province in which a patient was living immediately before he was removed to an institution, special institution or other place in terms of this Act shall have power to give such directions as he considers necessary for— (a) the care and administration of the patient’s estate; and (b) the carrying on of any business conducted by the patient; and (c) the maintenance of the patient’s dependents out of the patient’s estate; and any person who has custody of any of the patient’s property shall comply with any such directions. 86 Appointment of curator for care and administration of patient’s estate (1) If a judge is satisfied that a person who— (a) is detained as a patient in terms of this Act; or (b) has been admitted for treatment as a patient in terms of Part VI, VII, VIII; is incapable of managing his affairs, the judge may, on a chamber application being made by the AttorneyGeneral, appoint a curator for the care and administration of the patient’s estate. (2) If a patient possesses property the estimated value of which does not exceed fifty thousand dollars in respect of assets or capital, or twenty thousand dollars a year in respect of income, a magistrate for the province in which he was living when he entered an institution, special institution or other place in terms of this Act, upon being satisfied that— (a) the patient is detained in terms of this Act or has been admitted for treatment as a patient in terms of Part VI, VII or VIII; and (b) Patient is incapable of managing his affairs; and (c) no curator has been appointed in terms of subsection (1) in respect of the patient’s estate;

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