PART 6HIGH COURT POWERS: DECISIONS AND DEPUTIES

Decisions and deputies

Section 113 powers: property and affairs115

(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).