Page:Mental Capacity Act 2008.pdf/11

12 (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;