Mental Capacity Act (Northern Ireland) 2016

Expenditure

278.—(1) This section applies where—

(a) an act mentioned in section 9(1) is (because of compliance with section 9(1)(c) and (d) and any of the additional safeguard provisions that are relevant) an act to which section 9(2) applies; and

(b) the act involves expenditure.

(2) It is lawful for D—

(a) to pledge P’s credit for the purpose of the expenditure; and

(b) to apply money in P’s possession for meeting the expenditure.

(3) If the expenditure is borne for P by D, it is lawful for D—

(a) to reimburse himself or herself out of money in P’s possession; or

(b) to be otherwise indemnified by P.

(4) Subsections (1) to (3) do not affect any power under which (apart from those subsections) a person—

(a) has lawful control of P’s money or other property; and

(b) has power to spend money for P’s benefit.

(5) In this section “additional safeguard provisions” has the same meaning as in section 9.