Schedule 1 - Lasting powers of attorney: formalities
Mental Capacity Bill
2:30 pm
Mr David Lammy (Parliamentary Under-Secretary, Department for Constitutional Affairs; Tottenham, Labour)
We had some discussion on the matter this morning, and I do not want to add much to what I said then. I stated that the public guardian would not generally be involved once the LPA has been registered unless concerns are raised about the way in which the attorney or attorneys are exercising their powers. That is because a person has capacity when the LPA is made. We have discussed the various considerations, which we lay out in the code, that affect the decision.
That understanding has a firm basis in our law. The scrutiny is different from that which one would expect when a deputy is appointed by a court. I sought to emphasise this morning that it is important to remember that an LPA will generally be exercised by a close relative of the person who lacks capacity. On the basis of what I have said, I hope that the hon. Gentleman will withdraw his amendment.