Prospective

PART 6 N.I.HIGH COURT POWERS: DECISIONS AND DEPUTIES

Decisions and deputiesN.I.

Section 113 powers: property and affairsN.I.

115—(1) The powers under section 113 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 executed by virtue of subsection (1)(i) at a time when P is under 18.

(3) The powers under section 113 as respects any matter concerning P's property and affairs (except the power to execute a will for P) may be exercised even if P is under 16 if the court considers it likely that P will still lack capacity to make decisions in respect of that matter when P reaches 18.

(4) Schedule 5 supplements the provisions of this section.

(5) Subsection (1) is subject to section 117 (restrictions on deputies).