MCA s18 text

Section 16 powers: property and affairs

18.—(1) The powers under section 16 as respects P's property and affairs extend in particular to-

(a) the control and management of P's property;
(b) the sale, exchange, charging, gift or other disposition of P's property;
(c) the acquisition of property in P's name or on P's behalf;
(d) the carrying on, on P's behalf, of any profession, trade or business;
(e) the taking of a decision which will have the effect of dissolving a partnership of which P is a member;
(f) the carrying out of any contract entered into by P;
(g) the discharge of P's debts and of any of P's obligations, whether legally enforceable or not;
(h) the settlement of any of P's property, whether for P's benefit or for the benefit of others;
(i) the execution for P of a will;
(j) the exercise of any power (including a power to consent) vested in P whether beneficially or as trustee or otherwise;
(k) the conduct of legal proceedings in P's name or on P's behalf.

(2) No will may be made under subsection (1)(i) at a time when P has not reached 18.

(3) The powers under section 16 as respects any other matter relating to P's property and affairs may be exercised even though P has not reached 16, if the court considers it likely that P will still lack capacity to make decisions in respect of that matter when he reaches 18.

(4) Schedule 2 supplements the provisions of this section.

(5) Section 16(7) (variation and discharge of court orders) is subject to paragraph 6 of Schedule 2.

(6) Subsection (1) is subject to section 20 (restrictions on deputies).


The Mental Capacity Act 2005 has been fully in force since 1 October 2007. For details of proposed amendments, see Mental Health Act 2007.