Mental Health Bill [HL]

I am very grateful for this piece of opportunism from the noble Baroness, Lady Barker, and from the infamous Pauline—I shall put her on the record in Hansard. I reassure your Lordships that deputies who have been appointed in a professional capacity purely for the purposes of property and affairs would not, under the Mental Capacity Act, have the authority of the court to take decisions which lie outside the scope of ““property and affairs””. These deputies will not have the authority to help or represent a person where decisions are being considered concerning serious medical treatment, care moves or adult protection. Therefore, if no other family or friends are able to support and represent the person without capacity in making decisions on these issues, the person will be entitled to an independent mental capacity advocate. We have put this explicitly in the code of practice. Officials are in discussion with the Public Guardian Office about providing clear guidance in the form of a handbook for deputies, as well as a newsletter that is sent to all receivers who will become the new property and finance deputies when the Act is implemented. I am also considering whether I need to go further to clarify the issue differently. Perhaps the noble Baroness will not mind if I take it away and return to it at a later stage to ensure that we have captured the point, but there is nothing between us on this issue.