Incapacity – Partial Insanity – Curator Bonis – Appointment on Petition – Opposition of Alleged Lunatic – Necessity of Cognition – No Absolute Title to Cognition.
In a petition at the instance of a wife for the appointment of a curator bonis to her husband, who was a medical man of considerable property, and at the time was confined in an asylum under warrant of the sheriff, it was proved by medical certificates that the husband had a clear and intelligent comprehension of business matters, and in particular of his own financial affairs, but that he suffered from delusions with regard to spiritualism, and entertained groundless feelings of mistrust regarding members of his own family, which might affect the propriety of his directions respecting the management of his own property.
Held ( aff. the decision of the First Division) (1) that the Court of Session had jurisdiction to entertain the petition; (2) that in spite of opposition, the Court had discretion to determine the nature of the inquiry to be made; and (3) that the certificates produced were sufficient to justify the Court in appointing a curator bonis.
Judges:
Lords Herschell, Watson, and Morris
Citations:
[1891] UKHL 917, 28 SLR 917
Links:
Jurisdiction:
Scotland
Health
Updated: 30 June 2022; Ref: scu.636775