# Mental Capacity Act (Northern Ireland) 2016, Section 115: Section 113 powers: property and affairs

Status: prospective

(1) The powers under section 113 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 executed by virtue of subsection (1)(i) at a time when P is under 18.
(3) The powers under section 113 as respects any matter concerning P's property and affairs (except the power to execute a will for P) may be exercised even if P is under 16 if the court considers it likely that P will still lack capacity to make decisions in respect of that matter when P reaches 18.
(4) Schedule 5 supplements the provisions of this section.
(5) Subsection (1) is subject to section 117 (restrictions on deputies).

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Source: https://www.legislation.gov.uk/nia/2016/18/section/115 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-115
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

