Law: Sindh Mental Health Act, (L of 2013)

Section: 32,33,33(1),34,35

(a) Sindh Mental Health Act (L of 2013)--- ----Ss. 32, 33(1), 34 & 35---Appointment of guardian---Management of property of mentally disordered person --- Responsibility of Manager---Purpose and object of appointment of 'Guardian' and 'Manager' under Sindh Mental Health Act, 2013 were not synonym to each other as was evident from S.32 & S.33(1) of the Act---'Guardian' should be appointed where person (mentally disordered) was incapable of taking care of himself while 'manager' should be appointed where person (mentally disordered) was incapable of managing his property---Language of S.35 gave an impression that `guardian' and 'manager' should be two different 'suitable persons'---Sindh Mental Health Act, 2013, now here, specifically restricted appointment of single person or a relative as 'guardian' and 'manager' i.e. to look after the person (mentally disordered) and also to manage property of such person but subject to only one condition that 'it should be for the benefit of mentally disordered person"---According to S.34, it was the 'manager' and not `guardian' who was responsible for care, cost of treatment and maintenance of mentally disordered person and of such members of family who were dependent on him. (b) Sindh Mental Health Act (L of 2013)--- ----S. 34---Management of the property of mentally disordered person---Appointment of manager should specify as to for which property he was appointed as manager---Purpose was to entitle 'manager' on his/her appointment to take control and management thereof---Appointment of a person as 'manager' should not authorize him any other power except that of 'managing the property'. (c) Sindh Mental Health Act (L of 2013)--- ----Ss. 32, 33 & 34---Mentally disordered person---Appointment of guardian---Scope---Order authorizing a person to 'look after matters of mentally disordered person by acting as his guardian' should not dress such person with power and authority so specifically meant to be exercised by 'Manager'. (d) Sindh Mental Health Act (L of 2013)--- ----Ss. 32, 33 & 34---Mentally disordered person---Appointment of guardian---Scope---Court of protection was required to process with any…

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