MENTAL CAPACITY
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- (b) without prejudice to any other order or decision which may be made by the court or deputy under any other written law.
(3) Nothing in subsection (1)(d) affects the operation of the Advance Medical Directive Act (Cap. 4A).
Section 20 powers: property and affairs
23.—(1) Subject to this section, the powers under section 20 as respects P’s property and affairs include—
- (a) the control and management of P’s property;
- (b) the sale, exchange, charging, gift or other disposition of P’s property;
- (c) the acquisition of property in P’s name or on P’s behalf;
- (d) the carrying on, on P’s behalf, of any profession, trade or business;
- (e) the taking of a decision which will have the effect of dissolving a partnership of which P is a member;
- (f) the carrying out of any contract entered into by P;
- (g) the discharge of P’s debts and of any of P’s obligations, whether legally enforceable or not;
- (h) the settlement of any of P’s property by way of trust, whether for P’s benefit or for the benefit of others;
- (i) the execution for P of a will;
- (j) the maintenance, education, benefit and advancement of P’s spouse, P’s parent, a child of P below 21 years of age or an intellectually disabled child of P;
- (k) the exercise of any power (including a power to consent) vested in P whether beneficially or as trustee under a trust;
- (l) the conduct of legal proceedings in P’s name or on P’s behalf.
(2) Without prejudice to section 20(3), the court, in making an order for the disposition or settlement of P’s property under subsection (1)(b) or (h), must have regard to the principle in section 6(6).
(3) No will may be made under subsection (1)(i) at a time when P has not attained the age of 21 years.
