Clause 19 - Appointment of deputies
Mental Capacity Bill
4:00 pm
Mr Tim Boswell (Shadow Minister, Home Affairs; Daventry, Conservative)
Briefly, we continue with the task of seeking reassurance from the Government about the safeguards for the welfare and property of the person without mental capacity. Amendment No. 32 provides that reports could refer either to personal welfare or to conduct of the person's affairs and property matters by the deputy, as might be appropriate. I suppose that some cases might include both; those might even be the typical cases.
One of the benefits of the Bill, on which I have increasingly reflected, is an integration of the care and welfare provisions with the financial provisions. I think that that is realistic even if, on occasion, should matters come to court it would be necessary to consider them according to the particular facts and concerns, and using the right battery of expertise. It would be entirely proper to call for reports on those matters and inappropriate to call for reports on others if it was not thought necessary for those to be covered at that time.
Amendment No. 33 relates to accounting to the public guardian for any loss incurred as a result of negligence in the conduct of P's financial affairs, or the misappropriation of P's property. The Minister has reminded us many times, rightly, of the importance of the best interest clause; that is not an issue between us. However, it is, I think, implicit—the Minister will no doubt explain to the Committee—that within the operation of the enduring powers of attorney it is possible to call for an account of what is to be done and, if necessary, to issue proceedings if someone has been up to no good. It would be useful if he explained how that would transfer forward into the powers in question and assured us that that will happen.
We are all aware that we are considering people who are very vulnerable. I have tried to explain to the Committee, as have other hon. Members, that it is not typical to assume that it is always rapacious relatives who seek advantage who are involved in such matters. Deputies appointed by the court—who may not be relatives, and will probably not be, typically—have a duty under whatever their profession may be, but also have a general duty to act properly in the interest of the person. I would be very surprised if the Minister could not give us satisfactory assurances on this matter.