Mental Capacity Act 2005 (c. 9)

SCHEDULES

SCHEDULE 6 E+W Minor and consequential amendments

Intestates' Estates Act 1952 (c. 64) E+W

8 E+W In Schedule 2 to the Intestates' Estates Act 1952 (c. 64) (rights of surviving spouse or civil partner in relation to home), for paragraph 6(1) substitute—

“(1) Where the surviving spouse or civil partner lacks capacity (within the meaning of the Mental Capacity Act 2005) to make a requirement or give a consent under this Schedule, the requirement or consent may be made or given by a deputy appointed by the Court of Protection with power in that respect or, if no deputy has that power, by that court.”.