Section 10
Appointment of representatives of minors or persons of unsound mind or patient
of Small Estates (Distribution) Act 1955
(1)
Where any person, who is named in the petition as a beneficiary of or claimant to the estate or any interest therein or who appears to the Estate Distribution Officer to be interested in the distribution of the estate, is or appears to the Estate Distribution Officer to be a minor or a person of unsound mind or a patient, the Estate
Distribution Officer may, by an order in writing, appoint some suitable and proper person to be the guardian of the minor or person of unsound mind or the next friend of the patient for the purposes of all proceedings for the distribution of the estate under this Act and all such proceedings shall be as effective and binding upon all persons concerned as if that person had not been a minor or person of unsound mind or a patient.
(2)
For the purposes of subsection (1)—
(a)
in relation to the appointment of a guardian, the Estate
Distribution Officer shall have regard to any personal law or custom affecting the minor or person of unsound mind;
and
(b)
in relation to the appointment of a next friend, the Estate
Distribution Officer shall have regard to any personal law or custom, and any circumstances or medical reason rendering a patient unable to represent himself.
(3)
The next friend appointed under this section shall assist the patient in any matter relating to proceedings for the distribution of the estate so far as not detrimental to the interest of the patient.
20 Laws of Malaysia ACT 98