The Court of Protection1 has power to make a declaration in relation to a person's property and affairs including in particular the sale, exchange, charging, gift or other disposition of that person's property and the acquisition of property in his name or on his behalf2. The definition of mental capacity under the Mental Capacity Act 20053 is in line with the existing common law tests and does not replace them; however, a judge may adopt the definition under the Act4.
Under case law the test of capacity to execute a deed is whether the person is capable of understanding what
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