Estate Planning & Probate

Mental Health Order Lawyer near me

Diagram 1

What is Mental disorder?

Section 2 of the Mental Health Act 2001 (Act 615) defines:

 * "mental disorder";DispDef.focus\(\);) means any mental illness, arrested or incomplete development of the mind, psychiatric disorder or any other disorder or disability of the mind however acquired;
 * a person with mental disorder ("patient") cannot sign contract as he/she has lost his/her mental capacity.
 * there is a need to have a representative to represent the patient to sign any contract/agreement

How does the process of Mental Health Order (“MHO”) works?

 * you need to file a court action for a mental health order to a High Court 
 * you need to have specialist to certify that the patient is not able to carry his own activities and need a representative to sign document/agreement on his behalf

Appointment of Committee member under the MHO

 * A family member or an individual that the court believe can represent the best interest of the Mental ill patient will then be appointed to carry out the activities of the mental ill patient.
 * It can be more than one individual appointed as the Committee for the mental health patient.

What happens to the mentally disordered person

once a person has been declared mentally disordered by way of the mental health order, the committee member can make decision for the former, ie:

(a) to sign any documents ; sale and purchase agreement, memorandum of transfer;

(b) to make any financial & health decision on behalf of the mentally disordered person

Tax benefits under Income Tax Act 1967

if you are suffering from mental health injury and the company pays you work compensation, it is tax exempted for both the company and employee.

The above article is for general information only and does not constitute legal advice. For advice on your specific circumstances, speak to us.

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