Clause 10 - Appointment of donees
Mental Capacity Bill
2:30 pm
Mr Alan Hurst (Braintree, Labour)
With this it will be convenient to discuss the following amendments: No. 24, in
clause 10, page 5, line 31, after 'bankrupt', insert
' or who has been found an unfit person to hold a directorship under the Companies Acts, or who has an unspent conviction for fraud or misfeasance'.
No. 25, in
clause 10, page 5, line 32, at end insert
'or if so appointed and subsequently to become bankrupt, unfit or convicted of fraud or misfeasance'.
No. 26, in
clause 10, page 5, line 32, at end insert
'provided that no individual may be appointed to more than 10 such attorneyships without the express permission of the Court of Protection, and that any such attorneyships executed without such permission after the first ten shall be invalid'.
No. 160, in
clause 10, page 5, line 32, after 'affairs', insert—
'(b) an individual whose name is registered on a list under section 81 of the Care Standards Act 2000, shall not be appointed as a donee of a lasting power of attorney, unless the donor has had an opportunity to ascertain whether the proposed donee is included in such a list.'.
No. 144, in
clause 16, page 10, line 4, at end insert—
'(c) is bankrupt or an individual whose name is registered on a list under section 81 Care Standards Act 2000.'.
No. 145, in
clause 19, page 11, line 8, leave out 'without his consent' and insert—
'(a) without his consent,
(b) if he is bankrupt, or
(c) if he is a person whose name is on a list under section 81 Care Standards Act 2000.'.
No. 162, in
clause 13, page 7, line 42, at end insert—
'(e) subject to subsection 12, the inclusion of the donee on a list under section 81 of the Care Standards Act 2000'.
No. 163, in
clause 13, page 8, line 14, at end add—
'( ) The inclusion of the donee on a list under section 81 of the Care Standards Act 2000 does not terminate his appointment unless the donor has lost the capacity to make a decision on the matter and the donee's inclusion on the list was subsequent to the appointment.'.