Mental Capacity Act 2005
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Change 1
18 Section 16 powers: property and affairs
(1) The powers under section 16 as respects P's property and affairs extend in particular to— (a) the control and management of P's property; (b) the sale, exchange, charging, gift or other disposition of P's property; (c) the acquisition of property in P's name or on P's behalf; (d) the carrying on, on P's behalf, of any profession, trade or business; (e) the taking of a decision which will have the effect of dissolving a partnership of which P is a member; (f) the carrying out of any contract entered into by P; (g) the discharge of P's debts and of any of P's obligations, whether legally enforceable or not; (h) the settlement of any of P's property, whether for P's benefit or for the benefit of others; (i) the execution for P of a will; (j) the exercise of any power (including a power to consent) vested in P whether beneficially or as trustee or otherwise; (k) the conduct of legal proceedings in P's name or on P's behalf. (2) No will may be made under subsection (1)(i) at a time when P has not reached 18. (3) The powers under section 16 as respects any other matter relating to P's property and affairs may be exercised even though P has not reached 16, if the court considers it likely that P will still lack capacity to make decisions in respect of that matter when he reaches 18. (4) Schedule 2 supplements the provisions of this section. (5) Section 16(7) (variation and discharge of court orders) is subject to paragraph 6 of Schedule 2. (6) Subsection (1) is subject to section 20 (restrictions on deputies).
18 Section 16 powers: property and affairs
(1) The powers under section 16 as respects P's property and affairs extend in particular to— (a) the control and management of P's property; (b) the sale, exchange, charging, gift or other disposition of P's property; (c) the acquisition of property in P's name or on P's behalf; (d) the carrying on, on P's behalf, of any profession, trade or business; (e) the taking of a decision which will have the effect of dissolving a partnership of which P is a member; (f) the carrying out of any contract entered into by P; (g) the discharge of P's debts and of any of P's obligations, whether legally enforceable or not; (h) the settlement of any of P's property, whether for P's benefit or for the benefit of others; (i) the execution for P of a will; (j) the exercise of any power (including a power to consent) vested in P whether beneficially or as trustee or otherwise; (k) the conduct of legal proceedings in P's name or on P's behalf. (2) No will may be made under subsection (1)(i) at a time when P has not reached 18. (3) The powers under section 16 as respects any other matter relating to P's property and affairs may be exercised even though P has not reached 16, if the court considers it likely that P will still lack capacity to make decisions in respect of that matter when he reaches 18. (4) Schedule 2 supplements the provisions of this section. (5) Section 16(7) (variation and discharge of court orders) is subject to paragraph 6 of Schedule 2. (6) Subsection (1) is subject to section 20 (restrictions on deputies).
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