How Schizophrenia Patient sell their property?

Who is a Schizophrenia patient?

Schizophrenia patient is someone who suffers from mental disillusion and hallucination whereby they may be self-talking to themselves for hours without the presence of a third party.

They are not harmful to people surrounding them, but they would not be rationally think about a subject matter. The Schizophrenia patient usually relies on family for support and survivability.

How can Schizophrenia patient manages their estate?

Essentially schizophrenia patient who has property registered under their name or owned by them can no longer manage their estate. This means that if they need to sell their property to a their party,, they are not legally able under the law to sign the sale and purchase agreement.

Under section 12 of the Contract Act 1950, a person who is of unsound mind, may not enter into a Contract. The unsound person who enters into a contract, may find out that his contract is void ab initio. Void ab initio means the contract is treated as if it never come into existence before.

How can Schizophrenia patient sells their property?

Since a Schizophrenia patient cannot decide rationally on the sale of his/her property, they have to rely on a third party that the Court deem able to manage the Schizophrenia patient’s property in the best interest of the former.

The family member of the Schizophrenia patient will usually apply for a Mental Health Order to appoint the family member as Committee members to manage the estate of the Schizophrenia patient.

How a Committee members help to sell the Schizophrenia patient’s property?

If the Schizophrenia patient or its family member manage to apply for the Mental Health Order to appoint a Committee, the Committee will have the power to:

• sell the estate of the Schizophrenia patient;
• Receive rental income of behalf of the Schizophrenia patient’s estate
• To be able to receive any statutory documents on behalf of the Schizophrenia patient; and
• Able to sign any documents related to the health of the Schizophrenia patient
• The list is not exhaustive

How does a mental Health Order works?

The appointed law firm will apply by way of a ex-parte application to the Court supported by the affidavit in support of the applicant (usually the family member of the Schizophrenia patient). It is suggestible to appoint more than one [1] committee, just in case the court approved committee has passed away, the second committee can perform the role as committee for the Schizophrenia patient.

The writer has applied for a Mental health Order for a young lady in the age of roughly 30+. The lady suffered Schizophrenia in stages after she faced a relationship break up with her other half. She then started to develop self-talking symptoms, and will constantly self-talk to her self without stop.

The lady will need constant medication (Antipsychotics) to control the chemical dopamine released by the brain. She would need constant care from her father and brother and the family members have no choice but to get the Court’s Order to sell her property in order to finance the Schizophrenia patient’s medication costs and living.

Contact Us Now for inquiry to apply for a Mental Health Order

If you face any issue such as the above scenario and require a Mental Health Order to sell the Schizophrenia patient’s disease, kindly contact us to have a private session with our lawyers.

Success Story (2023) :

• Our team basically able to get the High Court to approve the Mental Health Order for this client/patient (who suffers from Schizophrenia). The brother then acts as the Committee for this patient to sell off her property to the buyer in a subsale transaction.