Clause 11 - Lasting powers of attorney: restrictions
Mental Capacity Bill
3:00 pm
Mr Alan Hurst (Braintree, Labour)
With this it will be convenient to discuss amendment No. 168, in
clause 11, page 6, line 43, at end add—
'(8) Where a lasting power of attorney authorises the donee (or, if more than one, any of them) to make decisions about P's property and affairs the authority does not extend to making a decision on behalf of P in relation to a matter if he knows or has reasonable grounds for believing that P has capacity in relation to the matter, unless it has been specified on the instrument that the donee may make such decisions whilst P has the capacity to make decisions about P's property and affairs.'.