SCHEDULES
SCHEDULE 6Minor and consequential amendments
Administration of Estates Act 1925 (c. 23)
5
1
The Administration of Estates Act 1925 (c. 23) is amended as follows.
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”).