Page:Mental Capacity Act 2008.pdf/11

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
12
NO. 22 OF 2008


(2) In subsection (1), “necessary” means suitable to a person’s condition in life and to his actual requirements at the time when the goods or services are supplied.

Expenditure

10.—(1) If an act to which section 7 applies involves expenditure for necessary goods or services within the meaning of section 9, it is lawful for D to apply money in P’s actual possession for meeting the expenditure.

(2) If the expenditure is borne for P by D, it is lawful for D—

(a) to reimburse himself out of money in P’s actual possession; or
(b) to be otherwise indemnified by P.

(3) Subsections (1) and (2) do not affect any power under which (apart from those subsections) a person—

(a) has lawful control of P’s money or other property; and
(b) has power to spend money for P’s benefit.

PART IV
LASTING POWERS OF ATTORNEY

Lasting powers of attorney

11.—(1) A lasting power of attorney is a power of attorney under which the donor (“P”) confers on the donee (or donees) authority to make decisions about all or any of the following:

(a) P’s personal welfare or specified matters concerning P’s personal welfare;
(b) P’s property and affairs or specified matters concerning P’s property and affairs,

when P no longer has capacity to make such decisions.

(2) A lasting power of attorney is not created unless—

(a) section 12 is complied with;