Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 520
520. (1) A demand for the interdiction or incapacitation of
persons who have a mental disorder or other condition, which re nders
them incapable of managing their own affairs, or who are insane or
prodigal, is made by an application to the Court of voluntary
jurisdiction.
Contents of
application.
(2) The application shall contain a statement of the facts on
which the demand is founded and an indication of the witnesses, if
any, to such facts.
Documents.(3) Any documents in support of the demand, shall be filed
together with the application.
(4) For the purposes of this Title, and for the purposes of the
provisions of articles 187, 747, 781 and 929:
(a) ''other condition'', where used in the context of a
condition that renders a person incapable of managing
his own affairs, means a long-term physical, mental,
intellectual or sensory impai rment which in interaction
with various barriers may hinder one’s full and
156 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
effective participation in soc iety on an equal basis with
others; and
Cap. 525.
(b) ''mental disorder'' shall have the meaning assigned to it
in the Mental Health Act :
Provided that any reference in such definitions to
''disability of mind'' or ''arrested or incomplete development of
mind'' shall not be construed to mean a mental disorder for the
purposes of this Title and of such provisions.
Persons who may
demand
interdiction or
incapacitation.
Amended by:
IX.1886.89;
L.N. 46 of 1965;
LVIII.1974.68;
II.2012.7;
XXIII.2017.23;
XXV .2019.21.
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.