Publication Type

Book Chapter

Version

publishedVersion

Publication Date

12-2018

Abstract

A woefully underinvestigated area of the law is the management of property rights of persons with special needs. In this chapter, the term ‘special needs’ is defined widely to include people who are incapable of managing their daily financial affairs. The scope of people within this group may include persons with dementia, schizophrenia and intellectual disability as well as vulnerable elders. It should be noted that persons with special needs may have accumulated substantial property before becoming incapable of managing their financial affairs by reason of illness, old age or dementia. Alternatively, they could have inherited or stand to inherit property from their parents and caregivers. Such wealth places them in an extremely vulnerable position where they are potentially subject to financial abuse by rogues.

Keywords

Voluntary Welfare Organisation, Mental Capacity Act, lasting power of attorney, Public Guardian, special needs trust, Public Trustee, Special Needs Savings Scheme, adult protection, Adult Protective Service, Community Kin Service

Discipline

Asian Studies | Banking and Finance Law

Research Areas

Asian and Comparative Legal Systems

Publication

Special needs financial planning

Editor

Lusina Ho and Rebecca Lee

First Page

212

Last Page

236

ISBN

9781108481205

Identifier

10.1017/9781108646925.008

Publisher

Bloomsbury

Additional URL

https://doi.org/10.1017/9781108646925.008

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