170. Persons with a mental disability.

A contract for the sale or purchase of land, entered into by a person who lacks the mental capacity to understand the nature of the transaction, is voidable at the option of the incapacitated party, provided he can prove that at the time of the transaction the other contracting party was aware of the lack of capacity1.

The following persons may deal with the land of an individual who lacks mental capacity:

  1.  

    (1)     a deputy appointed by the Court of Protection under the Mental Capacity Act 20052;

  2.  

    (2)     an attorney appointed under a lasting power of attorney to deal with