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Article 129 Appointment of another person to act

Original text. Later amendments are not shown.

(1)

The court may appoint such person as it thinks just to appear for, represent or act for the incapacitated person.

(2)

The appointment may be made either generally or for the purpose of a particular application or proceeding, or for the exercise of particular rights or powers which the incapacitated person might have exercised but for the incapacitated person’s incapacity.

(3)

The court may make the appointment either of its own motion or on application by—

(a)

a person who has been appointed by a court in the United Kingdom or elsewhere to manage the affairs of, or to represent, the incapacitated person;

(b)

any person who appears to the court to be a suitable person to make the application; or

(c)

the SMCL administrator.

(4)

An application under paragraph (3) may be made without notice to any other party; but the court may require such notice of the application as it thinks necessary to be delivered to the person alleged to be incapacitated, or any other person, and may adjourn the hearing of the application to enable the notice to be delivered.