Section 95 General functions of the judge with respect to property and affairs of patient.

United Kingdom

(1)

The judge may, with respect to the property and affairs of a patient, do or secure the doing of all such things as appear necessary or expedient—

(a)

for the maintenance or other benefit of the patient,

(b)

for the maintenance or other benefit of members of the patient’s family,

(c)

for making provision for other persons or purposes for whom or which the patient might be expected to provide if he were not mentally disordered, or

(d)

otherwise for administering the patient’s affairs.

(2)

In the exercise of the powers conferred by this section regard shall be had first of all to the requirements of the patient, and the rules of law which restricted the enforcement by a creditor of rights against property under the control of the judge in lunacy shall apply to property under the control of the judge; but, subject to the foregoing provisions of this subsection, the judge shall, in administering a patient’s affairs, have regard to the interests of creditors and also to the desirability of making provision for obligations of the patient notwithstanding that they may not be legally enforceable.

Notes on the whole Act

Textual amendments

F1: For the words "Supreme Court Act 1981" there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Notes on Part VII

Textual amendments

F1: Pt. 7 (ss. 93-113) repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 66(1)(a), 67(2), Sch. 7 (with ss. 27, 28, 29, 62, Sch. 5 Pt. 1); S.I. 2007/1897, art. 2