Q&As

In what circumstances should an application be made for the Court of Protection to consider the exercise of its powers under sections 16 and 17 of the Mental Capacity Act 2005 in respect of deciding where a person lacking capacity to make the decision should live?

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Published on LexisPSL on 31/10/2018

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • In what circumstances should an application be made for the Court of Protection to consider the exercise of its powers under sections 16 and 17 of the Mental Capacity Act 2005 in respect of deciding where a person lacking capacity to make the decision should live?

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:

  1. where P does not have capacity to take this

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