Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 519H
519H. (1) A guardian who is authorised in a Guardianship Order
to administer monies or other property of a person subject to
guardianship shall within two months of his appointment submit to
the Board a list of assets and liabilities, that result, of the person
subject to guardianship as at the date of issue of the Guardian ship
Order.
(2) A guardian who receives monies or other property due to
the person subject to guardian ship shall keep a separate accoun t
and record of such moni es or other property.
(3) A guardian shall notify and seek the prior approval of the
Board in respect of any transfer of or imposition of a burden u pon
property belonging to a person subject to guardianship:
Provided that any transfer of or imposition of a burden on
any property belonging to the person subject to guardianship ma de
in contravention of the provisions of this sub-article shall be null
and void:
Provided further that nothing in this sub-article shall be
construed as limiting the powers of the guardian to provide for the
ordinary personal needs of the person subject to guardianship.
(4) A guardian shall also submit to the Board, an income and
expenditure account confirmed on oath in respect of the
guardianship:
(a) every year; and
(b) upon revocation or other termination of the
guardianship; or
(c) upon the termination of a temporary Guardianship
Order.
(5) Within thirteen weeks from the death of the person subject
to guardianship, the guardian shall provide the Board with a
detailed report of his administration of the assets of the pers on
subject to guardianship including, income, expenditure and
administration of property and, where relevant, funeral and burial
expenses.
(6) Any person interested as a creditor, beneficiary, family
member, or otherwise in any monies or other property administer ed
by a guardian may apply to the Board to intervene and give its
advice or any order appropriate in the circumstances regarding any
matter arising out of the administration of the said monies or
property by the guardian and the Board, after having heard the
guardian, may make such order in relation to such application as
CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 153
the circumstances of the case may require.
Guardian may seek
advice.
Added by:
XXIV .2012.5.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.