Extension of Whistle-blower Policy for Reporting Suspected Ill-treatment under Mental Capacity Act

Mr Zhulkarnain Abdul Rahim asked the Minister for Social and Family Development whether the whistle-blower policy to encourage individuals to report to the Public Guardian on suspected ill-treatment under the Mental Capacity Act 2008, can be extended to cases of Lasting Power of Attorney execution by individuals who have mental capacity yet may be pressured into doing so under duress or undue influence, so that they can be advised to make independent and informed decisions.

The powers of intervention for the Public Guardian are confined to individuals who meet the threshold for "lack of capacity" as defined under the Mental Capacity Act (MCA).

I would like to assure the Member that there are safeguards in place to protect individuals from being pressured into making a Lasting Power of Attorney (LPA). The LPA making process requires the donor to meet in-person with an accredited doctor, lawyer or psychiatrist. This professional acts as the LPA Certificate Issuer to certify that no fraud or undue pressure has been applied to the donor and that the donor understands the purpose of LPA and the scope of the authority conferred under it.

I empathise with the Member's concern. In some cases, family and friends of the person making an LPA may believe it was ill-advised. They will, undoubtedly, try to persuade the person to reconsider or to seek independent advice. However, it would not be appropriate for the Public Guardian to question the decision of a donor with mental capacity, who has been seen and certified by an accredited doctor, lawyer or psychiatrist that no fraud or undue pressure has been applied to the donor.