Mentally Disordered Persons Estate
Managing the Estate of a Mentally Disordered Persons
We assist families who need to manage the property and financial affairs of a relative who is unable to do so because of a mental disorder, including conditions such as dementia or Alzheimer’s disease.
Under the Mental Health Act 2001, the High Court may appoint a committee of the estate to manage the mentally disordered person’s assets, and in some cases, a committee of the person to manage his personal welfare.
We assist with the medical inquiry, the court application, and the ongoing management issues.
Our Mentally Disordered Persons Estate Legal Services
We assist families through each stage of managing a mentally disordered relative’s estate, from the initial court application to the ongoing duties of a committee of the estate. Here are the core services we offer:
Court Application for a Committee of the Estate
- Advice on applying under the Mental Health Act 2001
- Preparing the court application & supporting affidavits
- Assistance with the medical inquiry process
- Advice on who may apply to be appointed
Management of the Estate and Property
- Advice on the powers of the committee of the estate
- Guidance on managing property, movable or immovable
- Assistance with court approval for disposal of assets
- Advice on discharging debts and encumbrances
Maintenance and Ongoing Matters
- Applications for maintenance
- Advice on maintenance of dependants and family
- Assistance with reporting obligations to the court
- Advice on variation or discharge of existing orders
Related Estate and Family Matters
- Business interests and partnership dissolution
- Assistance with disposal of business premises
- Advice on the interaction with existing wills
- Guidance for families throughout the process
Why Choose Our Legal Services?
- Clear advice on Mental Health Act 2001 applications
- Practical guidance through the medical inquiry process
- Support preparing committee of the estate applications
- Assistance with court approval for major transactions
- Legal support for families and committees
Our Law Firm Practice Areas
We specialise in the following areas of legal practice and offer services to clients. If you have something else, please contact with our team to learn more.
Our Legal Approach
Matter Assessment
We review the circumstances of your family member and the relevant medical and financial information to identify the appropriate next steps.
Legal Planning
We advise on the application process, the medical inquiry requirements and who may be suitable to act as committee.
Focused Resolution
We assist with the court application, supporting documents and procedures required to obtain and act under a committee order.
Continued Guidance
We remain available to advise the committee on its ongoing duties and any further applications required as circumstances change.
Need Help Managing Mentally Disordered Person's Estate?
Speak with William Florence & Partners about applications under the Mental Health Act 2001 to manage the estate of a mentally disordered person in Johor Bahru, Malaysia. Our lawyers can assess your circumstances and explain the legal options to you.
Client Testimonials
Hear from clients who have trusted WFN Partners for clear advice, responsive service and professional legal representation.
Highly recommended to get their professional services. Their charges are reasonable and affordable. Thanks again for your great service.
I truly appreciate their dedication and professionalism. Highly recommended for anyone looking for reliable and efficient service.
The consultation fee was absolutely worth it. The value you provided far exceeded my expectations.
Practical Support Through a Sensitive Process
We approach applications under the Mental Health Act 2001 with care, attention to the required medical and legal evidence, and the well-being of the family involved. Our approach towards these legal matters is strategic and practical.
Frequently Asked Questions
What happens to a person's assets if they become mentally disordered and cannot manage them?
Under the Mental Health Act 2001, the High Court can appoint a committee of the estate to manage the property and financial affairs of a person who is unable to do so because of a mental disorder, such as advanced dementia or Alzheimer’s disease.
What is a committee of the estate?
A committee of the estate is a person or persons appointed by the High Court under the Mental Health Act 2001 to manage the property and financial affairs of a mentally disordered person on their behalf, subject to the Court’s ongoing supervision.
How do you apply to manage the estate of a mentally disordered family member?
An application is made to the High Court, supported by medical evidence, and the Court conducts an inquiry to determine whether the person is mentally disordered and unable to manage their own affairs before appointing a committee.
Can a committee of the estate sell or dispose of the mentally disordered person's property?
Generally not without the Court’s approval. The committee’s powers do not extend to selling, charging or leasing the estate for more than three years unless the Court specifically orders it, for example, to pay debts or provide maintenance.
Who can apply to be appointed as a committee of the estate?
Family members are typically the ones who apply, though the Mental Health Act 2001 does not restrict applications to relatives only. The Court considers who is most suitable to act in the mentally disordered person’s best interests.