New South Wales Repealed Acts

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This legislation has been repealed.

PROTECTED ESTATES ACT 1983 - SECT 35

Orders where person no longer incapable

35 Orders where person no longer incapable

(1) Where, upon application to it by a protected person (including a protected person who became a protected person while a person under guardianship or a patient), the Court is satisfied that the protected person is capable of managing his or her affairs, it may:
(a) revoke any declaration made that the person is incapable of managing his or her affairs,
(b) revoke the order that the estate of the person be subject to management under this Act, and
(c) make such orders as appear to it necessary to give effect to the revocation of the order, including the release of the estate of the person from the control of the Court, the Protective Commissioner or a manager and the discharge of any manager.
(2) On the hearing of an application for the purposes of this section, evidence of a person’s capability to manage his or her affairs may be given to the Court in the same form and in accordance with the same procedures as any such evidence may be given to the Court on the hearing of an application for the purposes of section 13.



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