Article 34 Evidence to be filed on a first application for receiver, etc

(1)

Where a first application has been made for the appointment of a receiver for a patient or for a short order or direction under rule 8 authorising any person to do any act or carry out any transaction on behalf of a patient without appointing him receiver—

(a)

the applicant shall, unless the court otherwise directs, file a medical certificate and evidence of family and property; and

(b)

the court may—

(i)

require the applicant to produce to it such evidence as it shall direct of the suitability of the applicant to be appointed a receiver or to do any such act or carry out any such transaction without being appointed receiver; and

(ii)

make such enquiries as it shall think fit with regard to the suitability of the applicant for such appointment.

(2)

In this rule, “evidence of family and property” means a certificate or, if the court so directs, in a particular case, an affidavit giving particulars of the patient’s relatives and such other persons as the court may direct, property and affairs and of the circumstances giving rise to the application.

(3)

Rule 28 applies to unsworn evidence of family and property as it applies to unsworn evidence generally.