MENTAL CAPACITY
25
(8) The deputy is entitled—
- (a) to be reimbursed out of P’s property for his reasonable expenses in discharging his functions; and
- (b) if the court so directs when appointing him, to remuneration out of P’s property for discharging them.
(9) The court may confer on a deputy powers to—
- (a) take possession or control of all or any specified part of P’s property;
- (b) exercise all or any specified powers in respect of it, including such powers of investment as the court may determine.
(10) The court may require a deputy—
- (a) to give to the Public Guardian such security as the court thinks fit for the due discharge of his functions; and
- (b) to submit to the Public Guardian such reports at such times or at such intervals as the court may direct.
Restrictions on deputies
25.—(1) A deputy does not have power to make 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.
(2) Nothing in section 20(5) or 22 permits a deputy to be given power—
- (a) to prohibit a named person from having contact with P; or
- (b) to direct a person responsible for P’s health care to allow a different person to take over that responsibility.
(3) A deputy may not be given powers with respect to the—
- (a) disposition of P’s property by making gifts;
- (b) execution for P of a will; or
- (c) carrying out or continuation of—
- (i) life-sustaining treatment on P, whether or not amounting to extraordinary life-sustaining treatment within the meaning of section 2 of the Advance Medical Directive Act (Cap. 4A); or
