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Section 95: General functions of the judge with respect to property and affairs of patient.

Mental Health Act 1983 · 1983 c. 20View on legislation.gov.uk

*Part VII: *

The judge may, with respect to the property and affairs of a patient, do or secure the doing of all such things as appear necessary or expedient—

for the maintenance or other benefit of the patient,
for the maintenance or other benefit of members of the patient's family,
for making provision for other persons or purposes for whom or which the patient might be expected to provide if he were not mentally disordered, or
otherwise for administering the patient's affairs.

In the exercise of the powers conferred by this section regard shall be had first of all to the requirements of the patient, and the rules of law which restricted the enforcement by a creditor of rights against property under the control of the judge in lunacy shall apply to property under the control of the judge; but, subject to the foregoing provisions of this subsection, the judge shall, in administering a patient's affairs, have regard to the interests of creditors and also to the desirability of making provision for obligations of the patient notwithstanding that they may not be legally enforceable.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.