Section 22 Conveyances on behalf of persons suffering from mental disorder and as to land held by them in trust.F1F4
England and Wales
Where a legal estate in land (whether settled or not) is vested F2, either solely or jointly with any other person or persons, in a person lacking capacity (within the meaning of the Mental Capacity Act 2005) to convey or create a legal estate, a deputy appointed for him by the Court of Protection or (if no deputy is appointed for him) any person authorised in that behalf shall, under an order of F3the Court of Protection , or of the court, or under any statutory power, make or concur in making all requisite dispositions for conveying or creating a legal estate in his name and on his behalf.
If land subject to a trust of land is vested, either solely or jointly with any other person or persons, in a person who F5lacks capacity (within the meaning of that Act) to exercise his functions as trustee, a new trustee shall be appointed in the place of that person, or he shall be otherwise discharged from the trust, before the legal estate is dealt with by the trustees.
Subsection (2) of this section does not prevent a legal estate being dealt with without the appointment of a new trustee, or the discharge of the incapable trustee, at a time when the donee of F7an enduring power of attorney or lasting power of attorney (within the meaning of the 2005 Act) is entitled to act for the trustee who lacks capacity inrelation to the dealing.
Annotations
Textual amendments
- F1
S. 22 substituted by Mental Health Act 1959 (c. 72), Sch. 7 Pt. I
- F2
Words in s. 22(1) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 4(2)(a)(i) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)
- F3
Words in s. 22(1) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 4(2)(a)(ii) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)
- F4
Words in s. 22(2) and sidenote substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 4(6) (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2
- F5
Words in s. 22(2) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 4(2)(b) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)
- F6
S. 22(3) inserted (1.3.2000) by 1999 c. 15, s. 9(1)(2); S.I. 2000/216, art. 2
- F7
Words in s. 22(3) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 4(2)(c) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)