Clause 9 - Lasting powers of attorney
Mental Capacity Bill
9:30 am
Mr Paul Burstow (Shadow Secretary of State for Health, Health; Sutton and Cheam, Liberal Democrat)
That is a fair point. I will listen carefully to what the Minister has to say when we deal with whether the principles at the beginning of the Bill apply to donees. It is important that the steps that the principles say the individual has to go through—including presumption of capacity, assisting in taking decisions and ensuring that communications are
facilitated—are gone through as a matter of course by a donee before he takes a decision. Capacity could well be a fluctuating thing, and certain decisions could continue to be made by the individual who donated power of attorney.