(1) So long as there
is in force a declaration by the State Administrative Tribunal under
section 64(1) that a person is in need of an administrator of his estate, that
person is —
(a)
incapable of entering into any contract or making any disposition in respect
of his estate or any part thereof or interest therein; or
(b)
subject to Part 9, appointing or conferring any power on an agent or attorney
in respect thereof,
except to the extent
that the administrator, with the consent of the Tribunal, in writing
authorises him to do so.
(2) Any money or
property the subject of an attempted dealing by a represented person contrary
to subsection (1) may be recovered by the administrator in any court of
competent jurisdiction.
(3) Nothing in this
section affects —
(a) any
contract for necessaries entered into by a represented person; or
(b) any
contract or disposition by a represented person made for adequate
consideration with, or in favour of, any other person who proves that he acted
in good faith and was unaware that that person was a represented person; or
(c)
anything done under a power of attorney by a person who proves that he acted
in good faith and was unaware that the donor of the power was a represented
person.
(4) Nothing in this
section affects any legal incapacity attaching to a represented person by
reason of infancy.
(5) For the purpose of
this section the acceptance of payment of the whole or any part of a debt
shall be deemed to be a disposition in respect of the estate.
[Section 77 amended: No. 55 of 2004 s. 466.]