In a three to four paragraph article on how the law treats a mentally disordered

person especially how his movable and immovable properties are treated. What
institutions are responsible. Etc?

INTRODUCTION

The term Disorder has been defined under section 3 of The Mental Health Act, no 21 of
2008 to mean a significant occurrence of a mental or behaviourable disorder classified in
the International Classification of Diseases published by the World Health Organization
(WHO).

It is true under the law a lot of things related to the protection of movable and
immovable properties as well as the institution responsible are clearly mentioned under
the law. So, the protection of movable and immovable properties of a disordered person
is an important aspect of the law that aims to safeguard the rights and interests of
individuals who may be unable to manage their own affairs due to mental or physical
disabilities. It is important to note that the protection of movable and immovable
properties of a disordered person under the law is a complex and sensitive issue. The
legal system aims to strike a balance between protecting the individual's assets and
autonomy, while also safeguarding their well-being and preventing exploitation or
abuse.

As to the Movable chattels. By the virtue of section 24 of the same law the court may in
any proceedings under this Act make inquiries into the property belonging to a person
alleged to be mentally disordered. These movable properties are subject to certain
regulations and considerations when it comes to individuals who are receiving mental
health treatment or are under the care of a mental health facility. But again, under sub
section 2 of the same section the court may, after being satisfied with the inquiry make
such orders regarding the disposal of any movable property not exceeding three million
shillings in value belonging to a person in respect of whom a reception order is made.

As to the immovable properties or chattels. Under the Mental Health Act, immovable
property refers to real estate or land that is owned by individuals who are subject to
mental health treatment or care. The Act provides provisions for the management and
protection of such property to ensure the well-being and best interests of individuals
with mental health conditions.

By the virtue of section 19 of the same law Application for an order for the
management and administration of the estate of a person with mental disorder may be
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made by a parent, a child who has attained the age of eighteen, friend relative or any
interested person under whose care

Again, under the law One of the of common provision is the appointment of a guardian
or trustee who is responsible for managing the individual's immovable property on
their behalf. The guardian or trustee is usually appointed by a court or another
authorized body and has the legal authority to make decisions regarding the property,
such as selling, leasing, or maintaining it.

But also, in the respect of section 19 (2) Every application shall be accompanied by an
affidavit setting out the grounds upon which it is made and shall give full particulars as
to the property and kindred of the person to whom it relates. The application must be
made under affidavit

Appointment of the manager to administer the matters related to those properties,

under the law specifically under section 24 (5) The court may appoint a fit and proper
person to be the manager of the estate of any person with mental disorder for the
purposes of safeguarding the property of the patient until such time as he is able to
leave the hospital. So, by the appointment of manager, it can easily be seen on how the
property is protected under the law.

Furthermore, the legal guardian is responsible for managing the mentally disordered
person’s assets, including any movable and immovable properties. They have the
authority to make decisions regarding the person's financial affairs, property
transactions, and other related matters. Section 24 (6) of the Mental Health Act of 2008
opines that the Court shall ensure that the property and money belonging to a mentally
disordered person are protected and, shall endeavor to find a relative or a guardian of
that person for purposes of placing such property and money in his custody. The
guardian's role is to act in the best interests of the mentally disordered person and
ensure that their assets are managed appropriately.

Capacity not to enter into Contract, under the law of Contract act, chapter 345 [ R.E
2019], Under the law of contract, the concept of "unsound mind" refers to a mental state
in which a person lacks the capacity to understand and appreciate the nature and
consequences of their actions. When a person is deemed to be of unsound mind, their
ability to enter into a legally binding contract may be called into question. The concept
of unsound mind is important in contract law as it aims to protect individuals who are
unable to make informed decisions due to mental incapacity. The law recognizes that
individuals with certain mental conditions may not have the necessary understanding
or judgment required to enter into contracts, and therefore provides safeguards to
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prevent them from being unfairly bound by agreements they do not fully comprehend.
From there it can clearly be seen on how the property is protected under the law

WHAT INSTITUTIONS ARE RESPONSIBLE FOR THE TREATMENT AND

MANAGEMENT OF MENTALLY DISORDERED PERSONS AND HANDLNG
THEIR PROPERTIES

 Courts of law

The court is one of the institutions which is responsible for the treatment and
management of mentally disordered persons and the handling of their properties. For
example, section 7 of the Mental Health Act of 2008 vests concurrent jurisdiction on
the Resident Magistrate’s Court and the District Court in matters relating to mentally
disordered persons.

Furthermore, Section 22 of the same with regards to management and administration of

estates of persons with mental disorder gives discretion to the court upon application
for the benefit of any person with mental disorder to order that any property belonging
to such person be sold, charged or disposed of in any way that may seem most
expedient and order that property or the proceeds thereof be delivered to such person.

 The Minister responsible for health matters

The Minister responsible for health matters is another institution which is responsible
for the mentally disordered person. For instance, section 27 (1) of the Mental Health
Act of 2008 the Minister is empowered to establish at a place he deems fit, mental health
care facilities of varying degrees of specialization for the care and treatment of mentally
disordered offender and persons with mental disorders by an order published in the
Gazette.

Furthermore, he is empowered under Section 29 (1) of the Mental Health Act of 2008
by order published in the Gazette, establish a Patient Welfare Board in respect of every
administrative area of a region.

Again, the Minister is empowered to make regulations for the better implementation of
the Mental Health Act prescribing among other things payment by the relatives or out
of the estate of the cost of maintenance of any person admitted under the provisions of
Section 38 (b) of the Act, the establishment of mental health care facility and the
admission for treatment of persons with mental disorder including substance abusers
Section 38 (c), the appointment of guardians of persons found with mental disorder
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under Section 38 (d), the admission care and discharge of offenders with mental
disorder and the involuntary admission and care of persons with mental disorder or
substance use disorder this provided under section 38 (f), the care and treatment of
persons with mental disorders or substance dependence. See section 38 (i) of the same
act, the care and treatment of voluntary and temporary patients as well as the manner
in which the community can be involved in the care of mentally disordered persons and
substance abusers this was under section 38 (k) of the Mental Health Act, 2008.

 The National Council for Mental Health

The National Council for Mental Health is another institution which is responsible for
the same. It is established under section 30 of the Mental Health Act of 2008. Its
functions in respect of this responsibility include to review and monitor the status of
mental health in Mainland Tanzania Mainland related problems, mental health
promotion, prevention programmed for substance abuse and advice the Minister this
provided under Section 31 (1) (a) of the Mental Health Act, form working links
between various sectors and disciplines for the purpose of coordination and promotion
of mental health see Section 31 (1) (b) of the same Act, encourage and facilitate
community involvement and non-governmental organizations in the promotion of
mental health and prevention of substance abuse and mental disorders under Section
31 (1) (c), encourage and facilitate research on substance abuse and mental health issues
Section 31 (1) (d), facilitate the mobilization of resources for the development of mental
health services in collaboration with Ministry responsible for health Section 31 (1) (e) of
the Mental Health Act of 2008 , and evaluate regularly the functioning of the mental
health legislation with appropriate recommendations for review and implementation.

 Mental Health Units

The Mental Health Board is an important institution established under section 16 (1) of
the same Law and its composition under Sub section 2 of the same section. These
institutions provide diagnosis, treatment, and rehabilitation services for persons with
mental disorders. They are responsible for assessing the mental health condition of
individuals, recommending appropriate treatment plans, and monitoring their
progress. Its primary role is to oversee and regulate mental health services and facilities
in the country.

The board is responsible for ensuring that mental health services are provided in
accordance with the provisions of the Mental Health Act and other relevant laws. It sets

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standards and guidelines for the operation of mental health facilities, including
psychiatric hospitals, mental health clinics, and community-based services.

Moreover, Section 17 of the same act provide that one of the key functions of the
Mental Health Board is to issue licenses and monitor the quality of care provided by
mental health facilities. It conducts regular inspections and assessments to ensure that
these facilities meet the required standards in terms of infrastructure, staffing, treatment
protocols, and patient rights.

Further to the foregoing the Mental Health Act of 2008 state that, the board also plays a
crucial role in protecting the rights of mentally disordered persons. It investigates
complaints and allegations of human rights violations in mental health facilities and
takes appropriate action to address any breaches. This includes conducting inquiries,
imposing penalties, and recommending legal action if necessary.

Furthermore, the Mental Health Board promotes public awareness and education about
mental health issues. It works towards reducing stigma and discrimination associated
with mental disorders and advocates for the inclusion and integration of mentally
disordered persons into society.

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