Clause 11 - Lasting powers of attorney: restrictions
Mental Capacity Bill
3:15 pm
Mr Paul Burstow (Shadow Secretary of State for Health, Health; Sutton and Cheam, Liberal Democrat)
I thank the Minister for his response. He says that existing custom and practice and the consultations that already happen with lawyers and other experts in drafting an EPA will carry on with LPAs, and that that should provide sufficient safeguards. If I felt that that was the case, I would not have tabled the amendments. I feel that it would be appropriate to go further than that and to be clearer about what the duties might be.
I was interested in what the Minister said about a person being able to stipulate that they wish the LPA to be exercised only if they lacked capacity. That poses the question that, inarticulately, I tried to pose this morning: when would that be stipulated, and how would a third party—the bank, or another person—know that capacity had been lost? Without that clarity in the system, I suspect that there will be occasions on which other parties will feel unable to act on the instructions of a donee. That dilemma is still to be resolved. The amendments are not about resolving that issue, but about making things clear on the issue of capacity. I am grateful for the Minister's response.
Again, we will probably find an appropriate time to come back to the issue. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 11 ordered to stand part of the Bill.