THE COURT OF PROTECTION RULES 1994

Inquiries as to desirability of appointment of receiver, etc.

69.—(1) Where the court has reason to believe that a receiver should be appointed for a patient or that any other function of the court should be exercised with respect to the property and affairs of a patient, the court may direct—

(a) a Medical or Legal Visitor, the Public Trustee or, if he consents, the Official Solicitor, or any other appropriate person to visit the patient and report to the court whether it is desirable in the interests of the patient that an application should be made for that purpose, and, in the case of a report by a Medical or Legal Visitor, whether there is any other matter which the court should consider before exercising its functions in relation to a patient’s property and affairs; or

(b) a Medical Visitor to visit the patient and report to the court on the capacity of the patient to manage and administer his property and affairs.

(2) On receiving any report pursuant to paragraph (1) above, the court may—

(a) direct an application to be made pursuant to rule 12; or

(b) if the report is by a Medical Visitor and the court is satisfied that the patient is incapable, by reason of mental disorder, of managing and administering his property and affairs, make an order appointing a receiver or exercising any other function of the court with respect to the patient’s property and affairs.

(3) The Public Trustee or the court may direct a General Visitor or any other appropriate person to visit the patient and report whether it is desirable for any functions in relation to the patient’s property and affairs to be exercised.

(4) On receiving any report pursuant to paragraph (3) above—

(a) the court may direct that an application be made pursuant to rule 12; or

(b) the Public Trustee may make an application pursuant to rule 13; or

(c) the court or the Public Trustee may exercise any function conferred on them in relation to a patient’s property and affairs.