Clause 9 - Lasting powers of attorney
Mental Capacity Bill
9:30 am
Mr Alan Hurst (Braintree, Labour)
With this it will be convenient to discuss the following: Amendment No. 158, in clause 9, page 5, line 15, leave out 'and registered,' and insert 'registered and notified'.
New clause 5—Notification of the use of the LPA—
'(1) Where the donor objects to the use of an LPA on the grounds that he considers the application is premature because he has the capacity to make the decision, if this ground is established to the satisfaction of the court it must direct the Public Guardian not to seal the notification.
(2) The court must direct the Public Guardian to cancel the notification on being satisfied that the donor has regained mental capacity.'.