Part 1Persons who lack capacity

General powers of the court and appointment of deputies

18Section 16 powers: property and affairs

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).