Commentary

47 Effect of a lack of mental capacity

POWERS OF APPOINTMENT vol 33
| Commentary

47 Effect of a lack of mental capacity

| Commentary

47 Effect of a lack of mental capacity

The Mental Capacity Act 2005 provides that, where a person lacks capacity1 in relation to a matter or matters concerning his property and affairs, the court may, by making an order, make a decision or decisions on his behalf in relation to the matter or matters2. This expressly extends to the exercise of any power (including a power to consent) vested in the person lacking capacity whether beneficially or as trustee or otherwise3.

It is thought that the principles applied by the courts under previous legislation4

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