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MENTAL CAPACITY
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(5) Public Trustee Act
(Chapter 260, 1985 Ed.)
Section 4 Delete subsection (1A) and substitute the following subsection:
“(1A) In addition to the powers and duties under subsection (1), the Public Trustee may—
(a) undertake such functions and duties relating to victims of motor accidents and their claims to compensation as the Minister may assign him;
(b) be appointed as a deputy by the High Court under the Mental Capacity Act 2008 with powers and duties conferred or imposed under that Act in relation to the property and affairs of a person who lacks capacity.”.
(6) Trustees Act
(Chapter 337, 2005 Ed.)
Section 42 Delete subsection (4) and substitute the following subsection:
“(4) Nothing in this section shall—
(a) give power to appoint an executor or administrator;
(b) prevent a donee of a lasting power of attorney created by a trustee from acting for the trustee when such trustee lacks capacity to exercise his functions as trustee.”.