PART 1 GENERAL
Judicial proceedings
4 Power of Court of Session or sheriff with regard to nearest relative
1
On an application by an adult, the court may, having regard to section 1 and being satisfied that to do so will benefit the adult, make an order that—
a
certain information shall not be disclosed, or intimation of certain applications shall not be given, to the nearest relative of the adult;
b
the functions of the nearest relative of the adult shall, during the continuance in force of the order, be exercised by a person, specified in the application, who is not the nearest relative of the adult but who—
i
is a person who would otherwise be entitled to be the nearest relative in terms of this Act;
ii
in the opinion of the court is a proper person to act as the nearest relative; and
iii
is willing to so act; or
c
no person shall, during the continuance in force of the order, exercise the functions of the nearest relative.
2
An order made under subsection (1) shall apply only to the exercise of the functions under this Act of the nearest relative.
3
The court may, on an application by an adult, make an order varying the terms of an order granted under subsection (1).
4
No application shall be made under this section by an adult who is not incapable within the meaning of this Act at the time of making the application.