Clause 12 - Scope of lasting powers of attorney: gifts
Mental Capacity Bill
Mr Tim Boswell (Shadow Minister, Home Affairs; Daventry, Conservative)
The Minister has given reasonably satisfactory assurances, which is one of the purposes of our exchange but I wish to place on record my abiding
concern that, whereas the aim of the Bill is to use the Court of Protection as a proper last resort and to refer a limited number of cases—perhaps 200 to 300 a year—to it, additional recourse to it will be required in respect of gifts. I doubt that the Minister's estimates will be exceeded, as I suppose that, at least in theory, he has taken such cases into account. However, the procedure is likely to be expensive, and of a High Court type. I am also worried that the applications will be expensive and belated.
I need to reflect on whether the assurances that the Minister gave are sufficient, or whether some other means of meeting our concerns, or a halfway house, can be found. For the time being, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 12 ordered to stand part of the Bill.