141. Person lacking mental capacity cannot create valid mortgage.

b.     Persons Lacking Mental Capacity

141.     Person lacking mental capacity cannot create valid mortgage.

The deed of a person who lacks mental capacity is void because such a person is incapable of understanding the effect of the deed1. A deed made by such a person after regaining capacity, the nature and effect of which he understood2, is binding upon him3.

Provision is made for the property of persons lacking mental capacity to be protected by court order or direction4.