Section 8: Expenditure

Mental Capacity Act 2005 · 2005 c. 9View on legislation.gov.uk

Part 1: Persons who lack capacity

If an act to which section 5 applies involves expenditure, it is lawful for D—

to pledge P's credit for the purpose of the expenditure, and
to apply money in P's possession for meeting the expenditure.

If the expenditure is borne for P by D, it is lawful for D—

to reimburse himself out of money in P's possession, or
to be otherwise indemnified by P.

Subsections (1) and (2) do not affect any power under which (apart from those subsections) a person—

has lawful control of P's money or other property, and
has power to spend money for P's benefit.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.