Part 1

Persons who lack capacity

General powers of the court and appointment of deputies

Section 16 powers: property and affairs
18
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).
Pt. 1 applied (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 23.3, 24.6(1)