168Financial protection order

168 Financial protection order (1) This section applies if the person-in-charge of an approved treatment agency is satisfied, after receiving a report from a designated mental health practitioner and an authorised psychiatric practitioner: (a) a person admitted as an involuntary patient to an approved treatment facility for which the agency is responsible is unable to exercise effective control over the person's financial affairs; and (b) there is an imminent danger to the person's financial affairs if a financial order is not made for the person. (2) The person-in-charge must make a financial protection order for the (3) The order authorises the person-in-charge to take any necessary action to protect the person from any neglect, abuse or exploitation of the person's financial affairs. (4) The order remains in force for the period, not longer than 14 days, specified in the order. (5) However, before the expiry of the order, the person-in-charge may extend the order once by a further period of not longer than 14 days. (6) The person-in-charge must: (a) maintain records of all actions taken under the financial protection order (including the order as extended under subsection (5)); and (b) ensure the records are in the approved form and comply with approved procedures; and

Mental Health and Related Services Act 1998 136 (c) make the records available for inspection by the Tribunal or a community visitor. (7) Before the expiry of the order, or the order as extended, the person- in-charge must: (a) if satisfied the person no longer fulfils the criteria specified in subsection (1) – revoke the order; or (b) otherwise – instigate ongoing arrangements for the financial protection of the person in accordance with approved