sec.83Limitation of contractual powers of incapacitated person

### sec.83 Limitation of contractual powers of incapacitated person No incapacitated person shall be capable, without the leave of the court, of making any transfer, lease, mortgage, or other disposition of the estate under management, or of any part thereof, or of entering into any contract (other than for necessaries) affecting the same and every such transfer, lease, mortgage or other disposition or contract, made without such leave, shall be voidable by that incapacitated person or by the public trustee on the incapacitated person’s behalf. The court may by order give leave to an incapacitated person to make any transfer, lease, mortgage, or other disposition of the incapacitated person’s property, or of any part thereof, or to enter into any contract, if the court is satisfied that such transfer, lease, mortgage, disposition, or contract is for the benefit of the incapacitated person and that the incapacitated person consents thereto with adequate understanding of the nature thereof. Nothing in this part shall affect the law relating to the validity of wills or other testamentary dispositions. Nothing in this section shall invalidate any contract, transfer, lease, mortgage or other disposition entered into or made by any incapacitated person if the other party thereto proves that the other party acted in good faith and for adequate consideration and without knowledge that the incapacitated person was an incapacitated person. Except as expressly provided by this section, nothing in this part shall affect any other provision of law rendering void or voidable any contract, transfer, lease, mortgage, or other disposition of property entered into or made by an incapacitated person whether before or after the incapacitated person became an incapacitated person, and the public trustee may, in the public trustee’s corporate name, or in the name of the incapacitated person, do all such acts and take all such proceedings as the public trustee may think fit to avoid any such contract, transfer, lease, mortgage or disposition. (sec.83-ssec.1) No incapacitated person shall be capable, without the leave of the court, of making any transfer, lease, mortgage, or other disposition of the estate under management, or of any part thereof, or of entering into any contract (other than for necessaries) affecting the same and every such transfer, lease, mortgage or other disposition or contract, made without such leave, shall be voidable by that incapacitated person or by the public trustee on the incapacitated person’s behalf. (sec.83-ssec.2) The court may by order give leave to an incapacitated person to make any transfer, lease, mortgage, or other disposition of the incapacitated person’s property, or of any part thereof, or to enter into any contract, if the court is satisfied that such transfer, lease, mortgage, disposition, or contract is for the benefit of the incapacitated person and that the incapacitated person consents thereto with adequate understanding of the nature thereof. (sec.83-ssec.3) Nothing in this part shall affect the law relating to the validity of wills or other testamentary dispositions. (sec.83-ssec.4) Nothing in this section shall invalidate any contract, transfer, lease, mortgage or other disposition entered into or made by any incapacitated person if the other party thereto proves that the other party acted in good faith and for adequate consideration and without knowledge that the incapacitated person was an incapacitated person. (sec.83-ssec.5) Except as expressly provided by this section, nothing in this part shall affect any other provision of law rendering void or voidable any contract, transfer, lease, mortgage, or other disposition of property entered into or made by an incapacitated person whether before or after the incapacitated person became an incapacitated person, and the public trustee may, in the public trustee’s corporate name, or in the name of the incapacitated person, do all such acts and take all such proceedings as the public trustee may think fit to avoid any such contract, transfer, lease, mortgage or disposition.