| Amendments proposed to the Mental Capacity Bill - continued | House of Commons |
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Mr Paul Burstow 109 Clause 5, page 3, line 39, at end insert—'(2A) Nothing in this section permits a person responsible for the care of another person ("P") to withdraw or withhold treatment or sustenance from P if in doing so he has a purpose of hastening or otherwise causing P's death.'.
Mr Paul Burstow 97 Clause 5, page 3, line 43, at end add 'or authorise an act which is inconsistent with a decision made by a lasting power of attorney or a deputy appointed by a court of protection.'.
Mr Paul Burstow 96 Clause 5, page 3, line 43, at end add—'(5) Section 5 does not authorise an act in connection with serious medical treatment or a change in P's accommodation to a hospital or care home unless P receives advice from an independent advocate in accordance with section 34.'.
Mr Paul Burstow 139 *Clause 5, page 3, line 43, at end add—'(5) Nothing in this section authorises P being deprived of his liberty within the meaning of Article 5(1) of the ECHR.'.
Mr Paul Burstow 98 Clause 6, page 4, line 6, after second 'is', insert 'at that time and in relation to the circumstances of that time'.
Mr Tim Boswell 18 Clause 6, page 4, line 12, after 'restricts', insert 'or threatens to restrict'.
Mr Tim Boswell 21 Clause 6, page 4, line 20, after 'act', insert 'or causing any act to be carried out'.
Mr Paul Burstow 107 Clause 7, page 4, line 27, leave out 'must' and insert 'should, with consideration to his means'.
Mr Tim Boswell 22 Clause 8, page 4, line 36, at end insert 'and D shall keep appropriate records and receipts to validate any such claim to reimbursement'.
Mr Paul Burstow 164 *Clause 9, page 5, line 11, after 'capacity', insert 'where the authority of the donee has been limited to either one of (a) or (b). There is no presumption that the donee can make decisions on behalf of P or the donees' views should take precedence over others who are consulted in relation to matters that relate to (a) if the donee's authority is limited to (b) and (b) if the donee's authority is limited to (a).'.
Mr Paul Burstow 158 *Clause 9, page 5, line 15, leave out 'and registered,' and insert 'and notified'.
Mr Paul Burstow 165 *Clause 9, page 5, line 23, leave out from 'particular' to end of line and insert 'sections 1 to 4 (the principles and best interests).'.
Mr Tim Boswell 23 Clause 9, page 5, line 25, at end add 'and
Mr Tim Boswell 70 Schedule 1, page 35, line 3, at end insert '(or has had it read to him)'.
Mr Tim Boswell 71 Schedule 1, page 35, line 12, leave out 'and' and insert—
Mr Paul Burstow 159 *Schedule 1, page 39, line 11, after 'power', insert—'(1) Where an instrument authorising a welfare attorney to make decision is used for the first time, the relevant body has a duty to notify the Office of the Public Guardian that the instrument has been used. The relevant body will be the NHS body, or social services authority, where the decision is being made for care or treatment and it is apparent to that body that in relation to a particular matter on a particular occasion the donor lacks the capacity to make the decision and the donee wishes to make it on behalf of the donor. (2) Where an instrument authorises the donee to make decisions in relation to the donor's property and affairs and if the donor lacks or the donee reasonably believes that the donor lacks the capacity to make a decision in relation to aspects of their property and affairs or in relation to claims and payments of benefits, the donee has a duty to notify the Office of the Public Guardian and the donor that he intends to use the instrument to the Office of the Public Guardian must include a certificate from a prescribed person to the effect that the donor does not at the time of the notification have the capacity to make all decisions in relation to their property and affairs. (3) Regulations may specify the manner in which the bodies in paragraph 23(1) and the donee in paragraph 23(2) notify the Office of the Public Guardian, and how it is indicated on the instrument that it is now in use.'.
Mr Paul Burstow 161 *Clause 10, page 5, line 31, after 'who', insert '(a)'.
Mr Tim Boswell 24 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'.
Mr Tim Boswell 25 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'.
Mr Tim Boswell 26 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'.
Mr Paul Burstow 160 *Clause 10, page 5, line 32, after 'affairs', insert—
Mr Paul Burstow 166 *Clause 11, page 6, line 22, after second 'is', insert 'at that time and in relation to the circumstances of that time'.
Mr Tim Boswell 19 Clause 11, page 6, line 28, after 'restricts', insert 'or threatens to restrict'.
Mr Paul Burstow 167 *Clause 11, page 6, line 31, leave out from 'to make' to the end of line 35 and insert 'a decision on behalf of P in relation to a matter if he knows or has reasonable grounds for believing that P has capacity in relation to the matter'.
Mr Paul Burstow 168 *Clause 11, page 6, line 43, at end add—'(8) Where a lasting power of attorney authorises the donee (or, if more than one, any of them) to make decisions about P's property and affairs the authority does not extend to making a decision on behalf of P in relation to a matter if he knows or has reasonable grounds for believing that P has capacity in relation to the matter, unless it has been specified on the instrument that the donee may make such decisions whilst P has the capacity to make decisions about P's property and affairs.'.
Mr Tim Boswell 27 Clause 12, page 7, line 4, after 'gifts', insert '(including the sale of assets at a discount or at less than money's worth.'.
Mr Tim Boswell 20 Clause 12, page 12, line 29, after 'restrict', insert 'or threatens to restrict'.
Mr Paul Burstow 162 *Clause 13, page 7, line 42, at end insert—
Mr Paul Burstow 163 *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.'.
Mr Paul Burstow 140 *Clause 16, page 9, line 17, after 'affairs', insert 'or(c) P's claims for and payments of state benefits administered by the relevant authorities.'.
Mr Paul Burstow 143 *Clause 16, page 9, line 24, leave out from 'particular' to end of line and insert 'to sections 1 to 4 (the principles and best interests).'.
Mr Tim Boswell 28 Clause 16, page 9, line 31, at end insert—
Mr Paul Burstow 144 *Clause 16, page 10, line 4, at end insert—
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