Section 18 Section 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).

Notes on Part 1

Modifications

C1: Pt. 1 applied (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 23.3, 24.6(1)