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Under section 16 of the Mental Capacity Act 2005 (MCA 2005), the Court of Protection has power to make one-off decisions on behalf of a person lacking capacity to make the decision (P) or, alternatively, to appoint a deputy for property and affairs or for health and welfare to make such decisions on behalf of P.
MCA 2005, s 17(1)(a) states that the court’s powers under MCA 2005, s 16 extend in particular to making decisions as to where P is to live.
An application to the Court of Protection to make a decision about where P is to live under MCA 2005, ss 16 and 17 is likely to be made in the following circumstances:
where P does not have capacity to take this
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