Volume 1

Draft Mental Incapacity Bill / presented to Parliament by the Secretary of State for Constitutional Affairs.

  • Great Britain. Department for Constitutional Affairs.
Date:
2003
Catalogue details

Licence: Open Government Licence

Credit: Draft Mental Incapacity Bill / presented to Parliament by the Secretary of State for Constitutional Affairs. Source: Wellcome Collection.

    43/60 (page 35)
    (4) (a) he may so act in relation to himself or in relation to any other person if the donor might be expected to provide for his or that person’s needs respectively, and (b) he may do whatever the donor might be expected to do to meet those needs. Without prejudice to sub-paragraph (3) but subject to any conditions or restrictions contained in the instrument, an attorney under an enduring power, whether general or limited, may (without obtaining any consent) dispose of the property of the donor by way of gift to the following extent but no further — (a) he may make gifts of a seasonal nature or at a time, or on an anniversary, of a birth or marriage, to persons (including himself) who are related to or connected with the donor, and (b) he may make gifts to any charity to whom the donor made or might be expected to make gifts, provided that the value of each such gift is not unreasonable having regard to all the circumstances and in particular the size of the donor’s estate. PART 2 ACTION ON ACTUAL OR IMPENDING INCAPACITY OF DONOR | (1) (2) (3) (4) (5) (6) (7) Sub-paragraphs (2) to (6) apply if the attorney under an enduring power has reason to believe that the donor is or is becoming mentally incapable. The attorney must, as soon as practicable, make an application to the Public Guardian for the registration of the instrument creating the power. Before making an application for registration the attorney must comply with the provisions as to notice set out in Part 3 of this Schedule. An application for registration — (a) must be made in the prescribed form, and (b) must contain such statements as may be prescribed. The attorney — (a) may, before making an application for the registration of the instrument, refer to the court for its determination any question as to the validity of the power, and (b) must comply with any direction given to him by the court on that determination. No disclaimer of the power is valid unless and until the attorney gives notice of it to the Public Guardian; and the Public Guardian must notify the donor if he receives a notice under this sub-paragraph. Any person who, in an application for registration, makes a statement which (a) onsummary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both. 10 15 20 25 30 35