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Mental Capacity Act 2005

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18Section 16 powers: property and affairsE+W

This sectionnoteType=Explanatory Notes has no associated

(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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