Mental Capacity Act 2005 (c. 9)

SCHEDULES

SCHEDULE 6 E+W Minor and consequential amendments

Administration of Estates Act 1925 (c. 23) E+W

5 (1) The Administration of Estates Act 1925 (c. 23) is amended as follows. E+W

(2) In section 41(1) (powers of personal representatives to appropriate), in the proviso—

(a) in paragraph (ii)—

(i) for the words from “is incapable” to “the consent” substitute “ lacks capacity (within the meaning of the Mental Capacity Act 2005) to give the consent, it ”, and

(ii) for “or receiver” substitute “ or a person appointed as deputy for him by the Court of Protection ”, and

(b) in paragraph (iv), for “no receiver is acting for a person suffering from mental disorder” substitute “ no deputy is appointed for a person who lacks capacity to consent ”.

(3) Omit section 55(1)(viii) (definitions of “person of unsound mind” and “defective”).