Schedule 1 - Lasting powers of attorney: formalities
Mental Capacity Bill
11:15 am
Mr David Lammy (Parliamentary Under-Secretary, Department for Constitutional Affairs; Tottenham, Labour)
Amendment No. 71 would include in the certificate by the prescribed person a statement that in his opinion there is no significant, actual or potential conflict between the interests of the donor and the donee. We must all understand the underlying aim of the amendment and I agree that it is important that the person making the lasting power of attorney is protected from possible abuse. None of us wants people to appoint someone as an attorney without them having given due consideration to whether a conflict of interest exists or might exist in the future.
We also want to ensure that we uphold a person's right to appoint whomever he wants as his attorney. That protects the underlying ethos of the Bill, which is empowerment and personal autonomy. Our role is not to limit that person's choice, but to ensure that safeguards are in place to limit abuse.
Importantly, we put in a place a safeguard that takes effect when the donor makes the LPA. The safeguard is designed to ensure that the donor has the capacity to make and is not being pressured into making that lasting power of attorney.