I thank the hon. Gentleman for his thoughtful and helpful comments. The Bill’s provisions mirror the 1979 Act, which predated the Mental Capacity Act 2005. He made some interesting points, including those relating to whether a person recovers capacity, the appointment of trustees and the power of attorney—that, as I understand it, is something that a person sorts out before they have lost capacity.
The clause is certainly designed to ensure that someone who lacks capacity is protected. It also safeguards the rights of other beneficiaries by allowing the Secretary of State to appoint trustees and make a payment to them to hold for the benefit of the beneficiary. The hon. Gentleman made some interesting and detailed points and, although I do not wish to pursue them now, we will certainly reflect on whether there are further implications for the legislation as it stands.