Clause 13

Despite section 36, on the application of a person mentioned in subsection (2), the court may make an order to suspend, for such period as the court thinks fit, all or any of the powers of P’s donee or deputy (called in this section an order of suspension) even where no application has been made to the court in relation to P.(2) The following persons may apply to the court for an order of suspension:

the Public Guardian;

a person mentioned in section 38(1)(a), (b) or (c);

any other person, but only with the permission of the court.(3) The court may make an order of suspension under subsection (1) if the court has reason to believe that —

P lacks capacity;

the donee or deputy —

is charged on or after the date of commencement of section 13 of the Mental Capacity (Amendment) Act 2016 (but not before the donee’s or deputy’s appointment under the lasting power of attorney or by the court, as the case may be) with an offence (whenever committed) of criminal misappropriation, criminal breach of trust, cheating, theft or extortion or any other offence involving fraud or dishonesty, whether as against P or another person; or

engages, proposes to engage or has engaged (whether before, on or after the date of commencement of section 13 of the Mental Capacity (Amendment) Act 2016) in conduct that —

affects the suitability of the donee or deputy concerned to act as a donee or deputy; or

compromises P’s best interests in relation to P’s personal welfare or P’s property and affairs,whether or not the donee or deputy concerned is acting under a lasting power of attorney or court order, as the case may be; and

there is a risk of dissipation of P’s property by the donee or deputy concerned if the order of suspension is not made.(4) The court may make further orders or give directions as the court thinks necessary or expedient for giving effect to, or otherwise in connection with, an order of suspension.(5) An order of suspension may be varied or discharged by a subsequent order.(6) In this section, “P” means the person who lacks capacity and —

before lacking capacity, has conferred a lasting power of attorney on one or more donees; or

in respect of whom the court has appointed one or more deputies.(7) In this section —

where 2 or more donees are appointed under a lasting power of attorney, a reference to the donee is a reference to all or any of the donees; and

where 2 or more deputies are appointed by the court for P, a reference to the deputy is a reference to all or any of the deputies.”.