Section 49: Application of property of persons with mental health conditions.

(1) The provisions of this part shall apply in respect of a person, who in the considered opinion of a High Court judge based on competent medical evidence is incapable by reason of mental disorder of managing and administering his property and affairs, and a person whom the judge is satisfied to refer to as a person with the mental health condition for purpose of this Part for-
(a) the maintenance or other benefit of the person with the mental health condition;
(b) the maintenance or other benefit of members of the family of the person with the mental health condition;
(c) making provision for other persons or purposes for whom or which the person with the mental health condition might be expected to provide if he were not mentally incapacitated;
(d) making provision for other persons or purposes for whom or which the patient might be expected to provide if he were not mentally incapacitated; or
(e) administering the affairs of the person with the mental health condition.
(2) In the exercise of the powers conferred by this section, regard shall be had first of all to the requirements of a person with the mental health condition, and the rules of law which restrict the enforcement by a creditor of rights against property under the control of the judge.
(3) Subject to the provisions of subsection (2), the judge shall, in administering the affairs of a person with the mental health condition, have regard to the interests of creditors and also the desirability of making provisions for obligations of the person with the mental health condition notwithstanding that they may not be legally enforceable.
(4) Without prejudice to the provisions of subsection (2) the judge shall have power to make such orders and give such directions and authorities as he thinks fit, for the purposes of that subsection and in particular may make orders or give directives or authorities for-
(a) the control (with or without the transfer or vesting of property or the payment into Court of money or securities) and management of any property of the person with the mental health condition;
(b) the settlement of any property of the person with mental health condition or the gift of any property belonging to the person with mental health condition to any person;
(c) the carrying on by any suitable person of any profession, trade or business of the person with mental health condition;
(d) the sale, exchange, charging or other disposition of any property of the person with mental health condition;
(e) the acquisition of any property in the name of the person with mental health condition;
(f) the dissolution of any property of which the person with mental health condition is a member;
(g) the carrying out of any property of which the person with mental health condition is a member;
(h) the conduct of any legal proceedings in the name of the person with mental health condition or on his behalf;
(i) the reimbursement out of the property of the person with mental health condition, with or without interest, of money applied by any person for or for the benefit of the person with mental health condition; or
(j) the exercise of any power vested in the person with mental health condition (including a power of consent) whether beneficially or as a guardian, trustee or otherwise however.