(2) The functions of the Master and of a curator appointed in terms of section eighty-six shall not cease until the patient is discharged in terms of this Act and it appears from the notice of the discharge that he is capable of managing his own affairs. (3) Where a patient for whose estate a curator has been appointed is discharged in terms of this Act— (a) the person who had charge of the patient immediately before his discharge shall, within forty-eight hours of the discharge, send written notice of the discharge to the Master and to the curator; and (b) the curator shall without delay lodge with the Master an account of his administration of the estate and the Master, on being satisfied that the account is in order, may release the curator and direct that the patient be reinvested with control of his estate: Provided that, where the curator was appointed in terms of subsection (2) of section eighty-six, the account shall be lodged with the clerk of the magistrates court for the province concerned, and the clerk shall send it without delay to the Master. (4) Where a patient for whose estate a curator has been appointed (a) dies intestate; or (b) dies testate but there is no executor appointed or willing to act; the curator shall furnish security to the satisfaction of the Master for the proper administration and distribution of the deceased estate and shall forthwith assume the full dudes and responsibilities of an executor. 90 Failure of curator to lodge accounts (1) Subject to this section, if a curator fails to lodge with the Master or clerk of court, as the case may be, any inventory or account which he is required to lodge under this Part, the Master or the clerk of court or any other person who has an interest in the patient’s estate may summon the curator to appear before— (a) a judge, where the curator was appointed in terms of subsection (1) of section eighty-six; or (b) a magistrate for the province concerned, where the curator was appointed in terms of subsection (2) of section eighty-six; to explain why the inventory or account was not lodged as required under this Part. (2) At least one month before issuing out a summons in terms of subsection (1), the Master, clerk of court or other person referred to in that subsection shall send the curator concerned a written notice requiring him to lodge his inventory or account and informing him that if he fails to do so he will be summoned in terms of that subsection. (3) A curator who receives a notice under subsection (2) may furnish the Master or the clerk of court, as the case may be, a written statement setting out his reasons for failing to lodge his inventory or account and, if the Master or clerk of court considers such reasons to be sufficient, he may grant the curator a reasonable extension of time for lodging the inventory or account. (4) Where a curator appears before a judge or magistrate in answer to a summons in terms of subsection (1), the judge or magistrate may— (a) direct the curator to lodge his inventory or account within such period as the judge or magistrate may specify; or (b) grant the curator a reasonable extension of time for lodging his inventory or account; or (c) make such other order in the matter as the judge or magistrate thinks fit. (5) The costs of any proceedings in terms of this section shall be payable by the curator in default in his individual capacity, and he shall not charge such costs to the patient’s estate unless authorized to do so by— (a) a judge, where he was appointed in terms of subsection (1) of section eighty-six; or (b) a magistrate for the province concerned, where he was appointed in terms of subsection (2) of section eighty-six. 91 Removal of curator from office A curator who was appointed— (a) by a judge in terms of subsection (1) of section eighty-six may be removed from office by a judge; or (b) by a magistrate in terms of subsection (2) of section eighty-six may be removed from office by a judge or by a magistrate for the province concerned; if the judge or magistrate is satisfied that— (i) the curator has failed to comply with any provision of this Part or with any term or condition of his appointment; or (ii) the curator has been guilty of misconduct in his administration of the patient’s estate; or (iii) for any other reason it is undesirable that the curator should continue to act as curator of the patient’s estate. 92 Care and administration of estates of patients who are not detained (1) If a judge is satisfied that a person is— (a) mentally disordered or intellectually handicapped, though he has not been detained in terms of this Act or admitted for treatment as a patient in terms of Part VI, VII or VIII; and