Mental Capacity Act 2005

18Section 16 powers: property and affairs

This section has no associated Explanatory Notes

(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).