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The Mental Capacity Act 2005: lasting power of attorney
1University of Glamorgan, Wales.
Abstract:
This article continues the series in analysing the implications of the Mental Capacity Act 2005 by looking at how a person (donor) is able to appoint another person (donee) to have the power to act on his or her behalf in relation to care and treatment decisions. Section 9 of the Act explicates that a donee has the authority to make decisions about the donor's personal welfare or specific matters concerning the donor's personal welfare, as well as the donor's property or affairs or specific matters concerning his or her property or affairs. This article examines the details regarding these new provisions as well as the impact this new legislation is likely to have on healthcare professionals.
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