Mental Capacity Act 2005

Administration of Estates Act 1925 (c. 23)

5 (1) The Administration of Estates Act 1925 (c. 23) is amended as follows.

(2) In section 41(1) (powers of personal representatives to appropriate), in the proviso—

(a) in paragraph (ii)—

(i) for the words from “is incapable” to “the consent” substitute “lacks capacity (within the meaning of the Mental Capacity Act 2005) to give the consent, it”, and

(ii) for “or receiver” substitute “or a person appointed as deputy for him by the Court of Protection”, and

(b) in paragraph (iv), for “no receiver is acting for a person suffering from mental disorder” substitute “no deputy is appointed for a person who lacks capacity to consent”.

(3) Omit section 55(1)(viii) (definitions of “person of unsound mind” and “defective”).