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S.C.A.
Amendment Paper as at
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| (c) | any conditions or restrictions subsequently imposed by the Court of Protection'. |
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—
| '(iia) | there is no significant actual or potential conflict between the interests of the donor and those of the donee'. |
Mr Paul Burstow
Paul Holmes
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
Paul Holmes
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
Paul Holmes
160
Clause 10, page 5, line 32, after 'affairs', insert—
| '(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 Tim Boswell
210
Clause 12, page 7, line 10, at end insert 'or
| (c) | for any purpose an amount expressly provided for in the power of attorney,'. |
Mr Tim Boswell
211
Clause 12, page 7, line 11, after 'if', insert '(in the case of a gift made subject to the power in paragraph (a) or (b) above).'.
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.'.
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| ©Parliamentary copyright 2004 | Prepared 26 Oct 2004 |