Protection of Personal and Property Rights Act 1988

93B Presumption of competence

(1)

For the purposes of this Part, every person is presumed, until the contrary is shown,—

(a)

to be competent to manage his or her own affairs in relation to his or her property:

(b)

to have the capacity—

(i)

to understand the nature of decisions about matters relating to his or her personal care and welfare; and

(ii)

to foresee the consequences of decisions about matters relating to his or her personal care and welfare or of any failure to make such decisions; and

(iii)

to communicate decisions about those matters.

(2)

A person must not be presumed to lack the competence described in subsection (1)(a) just because the person manages or intends to manage his or her own affairs in relation to his or her property in a manner that a person exercising ordinary prudence would not adopt in the same circumstances.

(3)

A person must not be presumed to lack the capacity described in subsection (1)(b) just because the person makes or intends to make a decision in relation to his or her personal care and welfare that a person exercising ordinary prudence would not make in the same circumstances.

(4)

A person must not be presumed to lack the competence described in subsection (1)(a) or, as the case may be, the capacity described in subsection (1)(b), just because the person is subject to compulsory treatment or has special patient status under the Mental Health (Compulsory Assessment and Treatment) Act 1992.

Section 93B: inserted, on 25 September 2008, by section 6 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).