| Amendments proposed to the Mental Capacity Bill - continued | House of Commons |
| back to previous text | |
|
Mr Paul Burstow 161 Clause 10, page 5, line 31, after 'who', insert '(a)'.
Mr Tim Boswell 24 |
| '(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.'. |
Mr Paul Burstow
Paul Holmes
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
Paul Holmes
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
Paul Holmes
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 Paul Burstow
Paul Holmes
162
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'. |
Mr Paul Burstow
Paul Holmes
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
Paul Holmes
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
Paul Holmes
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—
| '(c) | as far as may be practicable, the deputy has no conflict of interest in matters relating to the decision'. |
Mr Paul Burstow
Paul Holmes
144
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.'. |
Mr Tim Boswell
30
Clause 17, page 10, line 7, after 'particular' insert '(but not exclusively)'.
Mr Tim Boswell
29
Clause 17, page 10, line 8, at end insert—
| '(aa) | where P is to travel on any journey exceeding 10 miles'. |
Mr Paul Burstow
Paul Holmes
141
Clause 18, page 10, line 17, leave out 'and affairs' and insert 'affairs and state benefits'.
Mr Tim Boswell
31
Clause 18, page 10, line 19, after 'particular' insert '(but not exclusively)'.
Mr Paul Burstow
Paul Holmes
142
Clause 18, page 10, line 34, at end insert—'(i) the making of claims, receiving and spending payments of state benefits, and reporting relevant changes of circumstances in relation to claims for state benefits.'.
Mr David Lammy
Ms Rosie Winterton
115
Schedule 2, page 39, line 31, at end insert ', and
| (d) | must be sealed with the official seal of the Court of Protection'. |
Mr Paul Burstow
Paul Holmes
145
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.'. |
Mr Tim Boswell
32
Clause 19, page 11, line 31, after 'reports' insert '(whether relating to matters of P's personal welfare or the conduct of P's property and affairs, as the case may be)'.
Mr Tim Boswell
33
Clause 19, page 11, line 32, at end add—
| '(c) | to account to the Public Guardian for any loss incurred as a result of his negligence in the conduct of P's financial affairs or the misappropriation of P's property'. |
Mr Tim Boswell
34
Clause 20, page 11, line 36, at end insert 'or if subsequently to his appointment as P's deputy he has become aware of an actual or potential conflict of interest in his conduct of P's affairs'.
Mr Tim Boswell
35
Clause 20, page 11, line 37, at end insert'except in case of urgent necessity'.
Mr Paul Burstow
Paul Holmes
103
Clause 20, page 12, line 9, leave out from 'P' to end of line 10.
Mr Paul Burstow
Paul Holmes
104
Clause 20, page 12, line 11, leave out subsection (6).
Mr Paul Burstow
105
Clause 20, page 12, leave out line 14 and insert 'sections 1 to 4 (the principles and best interests).'.
Mr Paul Burstow
Paul Holmes
106
Clause 20, page 12, line 23, after 'act', insert 'at that time and in relation to the circumstances of that time'.
Mr Tim Boswell
20
Clause 20, page 12, line 29, after 'restrict', insert 'or threatens to restrict'.
Mr Paul Burstow
Paul Holmes
99
Clause 24, page 14, line 9, leave out from 'Decisions' to end of line and insert 'statements on treatment'.
Mr Tim Boswell
36
Clause 24, page 14, line 21, at end insert 'provided that the decision is not voided by uncertainty'.
Mr Tim Boswell
37
Clause 24, page 14, line 37, at end insert—'(2A) An advance decision is not valid unless it is made in writing and witnessed by one independent person of standing, except in case of urgent necessity'.
Mr Paul Burstow
Paul Holmes
100
Page 14, line 10, leave out Clause 24.
Mr Paul Burstow
Paul Holmes
101
Clause 25, page 14, line 24, leave out 'decisions' and insert 'statements'.
Mr Tim Boswell
38
Clause 25, page 15, line 5, at end insert 'and is not valid if the advance decision has been made by P with the intention of terminating his life or is being implemented on P by any person giving or withholding treatment with the intention of terminating P's life'.
Mr Paul Burstow
Paul Holmes
102
Clause 25, page 15, line 8, at end add—'(7) An advance statement shall normally be recorded in writing and witnessed by a third party.'.
Mr Tim Boswell
39
Clause 27, page 15, line 35, at end insert—
| '(aa) | applying for the issue of a gender recognition certificate'. |
| |
| ©Parliamentary copyright 2004 | Prepared 21 Oct 2004 |