Clause 42 - Ill-treatment or neglect
Mental Capacity Bill
2:45 pm
Mr Paul Burstow (Shadow Secretary of State for Health, Health; Sutton and Cheam, Liberal Democrat)
That is why I tabled amendments to probe the Government and get them to explain how we can ensure that such cases reach court, that justice is seen to be done and, if P has lost financial resources as a result of such acts, they are recompensed and the resources are recovered. The resources should not have been allowed to be frittered away by someone abusing their rights under an enduring power of attorney.
The amendment is about ensuring that, in our move to the new LPA system, we do not inadvertently leave in place a second-class system of EPAs that does not give the same safeguards. We should not say that such a clear criminal offence cannot be made retrospective, because we are talking about acts that might occur in future with EPAs that are currently in place. It is not about retrospection, but about making provision for something that an EPA donor might do in future.