Section 76 Disposal of property on patient’s recovery or death

On the recovery of a patient the court may order any money, securities or other property belonging to the patient, or forming part of his estate, or remaining under the control of, or held under the directions of the court, to be transferred to the person who appears to be entitled to it.

On the death of a patient the Public Trustee may direct any money, securities or other property belonging to the patient, or forming part of his estate, or remaining under the control of, or held under the direction of the Public Trustee, to be transferred to the person who appears to be entitled to it.

If no grant of representation has been taken out to the estate of a deceased patient and it appears to the Public Trustee that the assets of the estate, after deduction of debts and funeral expenses, do not exceed £5,000 in value, he may, if he thinks fit, provide for payment of the funeral expenses out of any funds in court standing to the credit of the deceased and order that any such funds, or the balance of them, or any other property of the patient remaining under the control, or held under the directions, of the Public Trustee, be paid, transferred, delivered or released either to the personal representative of the deceased when constituted or to the person who appears to be entitled to apply for a grant of representation to his estate.

The Public Trustee may at any time, pending notification to him of the grant of representation to the estate of a patient, direct that any money or securities which belonged to the patient when he died and were not already in court shall be transferred into court.