Section 86 — Protection of Personal and Property Rights Act 1988: Review of personal orders

86 Review of personal orders (1) Without limiting anything in sections 10(3) , 11(4) , and 12(7) of this Act, the following persons may at any time apply to a Court for a review of any personal order, whether made by consent or otherwise: (a) The person in respect of whom the order was made: (b) Any welfare guardian or manager who is acting for that person: (c) Any other person, with the leave of the Court. (2) Without limiting the discretion of the Court on any application under subsection (1) of this section, but subject to subsection (3) of this section, on an application made pursuant to section 10(3) or section 11(4) or section 12(7) of this Act, the Court shall review— (a) The capacity of the person to understand the nature and to foresee the consequences of decisions in respect of matters relating to the personal care and welfare of the person; and (b) The capacity of the person to communicate decisions in respect of such matters. (3) Notwithstanding anything in subsection (2) of this section, where an application for review is made to provide for a new welfare guardian to be appointed in place of the present welfare guardian, the Court shall not be obliged to review (but may review) the matters specified in that subsection. (4) On any application for the review of a personal order, the primary objectives of the Court shall be those set out in section 8 of this Act. (5) Subject to subsection (6) of this section, on any application for review of a personal order, a Court may— (a) Vary or decline to vary the order; or (b) Discharge or decline to discharge the order; or (c) Extend the order for a further period; or (d) Make any order, whether in addition to or instead of the order under review, that it could have made on the original application. (6) On any application to which subsection (2) of this section applies, the Court shall not make any order that would extend the effect of the original order beyond the date on which it would otherwise expire unless the Court is satisfied, having regard to the relevant provisions of Part 1 of this Act, that the order continues to be necessary in the interests of the person in respect of whom it was made. (7) If the Court does make an order that extends the effect of the original order beyond the date on which it would otherwise have expired, the following provisions shall apply: (a) In the case of an order made under section 11 of this Act, the Court shall specify a date, being not later than 3 years after the date of the new order, by which the person appointed to administer the property is to apply to the Court for a further review of the original order: (b) In the case of an order made under section 12 of this Act, the Court shall specify a date, being not later than 3 years after the date of the new order, by which the welfare guardian is to apply to the Court for a further review of the original order: (c) In any other case, the Court may specify a date by which the original order is to be further reviewed by the Court and, if it does so, the Court shall also specify the person or persons who is or are to be responsible for applying to the Court for a further review of the original order before the specified date. (8) Notwithstanding anything in paragraph (a) or paragraph (b) of subsection (7) of this section, the Court may specify a date, for a further review of the original order, later than 3 years but not later than 5 years after the date of the new order if it is satisfied, in the exceptional circumstances of the case, that an earlier review is not necessary in the interests of the person to whom the order relates.