Clause 29
Mental Health Bill [Lords]
5:30 pm
Tim Boswell (Daventry, Conservative)
Conversely, does the hon. Gentleman agree that if a person takes the step when they have capacity, perhaps with the knowledge of previous mental health problems, of appointing someone with the lasting power of attorney in relation to their health care decisions, as they can under the 2005 Act, there should be a presumption that that person can discharge the functions of the nearest relative unless there is an issue of suitability for a court to consider?