§ Mr. DrewTo ask the Parliamentary Secretary, Department for Constitutional Affairs if he will make a statement on the implications for an individual of having a parent, sibling or peer designated with enduring power of attorney, with particular reference to the Draft Mental Incapacity Bill. [145204]
§ Mr. LammyUnder the Draft Mental Incapacity Bill, an individual will be able to create a Lasting Power of Attorney (LPA). LPAs will replace the current Enduring Power of Attorneys and will allow donors to appoint attorneys to make either financial decisions or health care and welfare decisions on their behalf, should they lose capacity in the future.
In making an LPA, individuals will have choice on who they appoint as an attorney—there is no limitation a parent, sibling or peer. The important factor is that the individual chooses someone that they know and trust.
§ Mr. DrewTo ask the Parliamentary Secretary, Department for Constitutional Affairs what plans his Department has to support the work of professionals who are required to give evidence to the Court of Protection under the provisions of the Draft Mental Incapacity Bill. [145205]
§ Mr. LammyUnder the Draft Mental Incapacity Bill, the Court of Protection will be available to deal with cases of dispute which cannot be resolved in any other way. The intention is that most cases, as now, will not need to be resolved by formal processes. The procedures will make it simple for professionals and others to make representations to the court.