Section 9 (1) BEFORE amended by 2007-34-99, effective September 1, 2011 (BC Reg 14/2011).
(1) In a proceeding for partition a request for sale may be made or an undertaking to purchase given on the part of an infant, a person of unsound mind or a person under any other disability, by
(a) the next friend or guardian,
(b) the committee, if authorized by a committeeship order, or
(c) another person authorized to act on behalf of the person under the disability.
Supplement BEFORE repealed by 2006-33-2, effective September 1, 2011 (BC Reg 14/2011 and 141/2011).
[Supplement]
Partition of Property Act
[RSBC 1996] CHAPTER 347
1 Section 9 of the Partition of Property Act is repealed and the following substituted:
Persons under disability
9 (1) In a proceeding for partition, a request for sale may be made or an undertaking to purchase given on the part of an infant, of an adult who is incapable of making decisions about his or her financial affairs, business or assets or of a person under any other disability, by
(a) the infant's next friend or guardian,
(b) the adult's substitute decision maker or guardian, if so authorized by the order appointing the substitute decision maker or guardian, or
(c) any other person authorized to act on behalf of the person under the disability.
(2) The court is not bound to comply with the request or undertaking on the part of an infant unless it appears that the sale or purchase will be for the infant's benefit.
1993-35-91.