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The Court of Protection Rules 2001
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- 2001 No. 824
- PART VII
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PART VIIRECEIVERS
Interim provision
42.—(1) Where in the opinion of the court it is necessary to make immediate provision in relation to the property and affairs of a patient for any of the matters referred to in section 95(1) of the Act—
(a)the court may by certificate or direction direct or authorise any named person to do any act or carry out any transaction specified in the certificate or direction; or
(b)the court may by order appoint an interim receiver for the patient and, subject to any direction given by the court, such appointment shall continue until further order.
(2) An order appointing an interim receiver shall, unless the court otherwise directs, be served upon the patient within such time as the order may specify and the patient may, within such further time as the order may specify, apply under rule 54 for the review of the order by the court or, if the order was made by a judge, apply to have the order set aside.
Remuneration of receiver
43.—(1) Where a receiver is appointed for a patient, the court may, during the receivership, allow the receiver remuneration for his services at such amount or at such rate as it considers reasonable and proper and any remuneration so allowed shall constitute a debt due to the receiver from the patient and his estate.
(2) No request by a receiver to have the sum payable for this remuneration fixed after the death or recovery of the patient shall be entertained unless the court has during the receivership directed that remuneration be allowed and the request is made within six years from the date of the receiver’s discharge.
Appointment of receivers with survivorship
44. Where in the opinion of the court two or more persons ought to be appointed receivers of the same patient and more than one of them ought to continue to act after the death or discharge of any of the others, the court when appointing them receivers direct that the receivership shall continue in favour of the surviving or continuing receiver or receivers.
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