Schedule 1 - Lasting powers of attorney: formalities
Mental Capacity Bill
2:30 pm
Mr Tim Boswell (Shadow Minister, Home Affairs; Daventry, Conservative)
I am grateful to the Minister for a responsive, although inevitably interrupted, reply. We have a common objective in avoiding fraud, and any misbehaviour or derogation of the interests of the person concerned. He has explained how that might work. I am particularly reassured in that a prescribed person—a person of a prescribed description or a named person—might be able to review any concerns in advance with the public guardian.
I seek another assurance from the Minister—a nod will do. I want assurance that where a conflict of interest might arise involving a person—perhaps one that was unanticipated at the time of the completion of the instrument—and they were worried about the situation, there would be nothing to stop them seeking the public guardian's advice and guidance about what they might do.
Subject to that—and I think that the Minister is nodding—it seems that there is a filter process at the beginning and the possibility of a feedback in the course of the execution of duties as a donee of an attorneyship. That, together with the best interests test, gets us about as far as we can reasonably go. Subject only to reflection—at least at this stage—I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Mr. Lammy: I beg to move,
That the Order of the Committee of 19th October 2004 be amended by—
(a) the substitution in paragraph (3) of ''Clauses 19 to 23'' for ''Clauses 19 to 27'', and
(b) the insertion after paragraph (3) of—
''(3A) the proceedings on Clauses 24 to 27 shall (so far as not previously concluded) be brought to a conclusion at 11.25 a.m. on Thursday 28th October;''.
The programme resolution was amended in that way earlier today in the Programming Sub-Committee, to ensure that we reach the advance decision part of the Bill on Thursday morning.
Question put and agreed to.