45Consideration of capability of forensic patients to manage affairs

45 Consideration of capability of forensic patients to manage affairs

45 Consideration of capability of forensic patients to manage affairs

(cf PE Act, s 18)

If the MHRT, after reviewing a person’s case under Part 5 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, orders that a person be detained in a mental health facility, it must—

(a) consider whether the person is capable of managing his or her own affairs, and

(b) if satisfied that the person is not capable of managing his or her own affairs, order that the estate of the person be subject to management under this Act.

s 45: Am 2020 No 12, Sch 3.18[1].