Clause 5

by deleting the word “or” at the end of subsection (3)(a)(ii);

by deleting paragraph (b) of subsection (3) and substituting the following paragraphs:“(b)that the donee (or any of the donees, if more than one) of a lasting power of attorney —

is convicted, on or after the date of commencement of section 5 of the Mental Capacity (Amendment) Act 2016 (but not before the donee’s appointment under the lasting power of attorney), of 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;

engages or has engaged in conduct that contravenes the donee’s authority, or that is not in P’s best interests (whether or not the donee is acting under a lasting power of attorney); or

proposes to engage in conduct that would contravene the donee’s authority, or that would not be in P’s best interests (whether or not the donee is acting under a lasting power of attorney); or

where the donee (or any of the donees, if more than one) of a lasting power of attorney is a professional donee, that —

the registration of the donee as a professional deputy is cancelled or the donee is no longer within a class of persons prescribed as qualified to be a professional donee; and

P lacks capacity.”;

by deleting the word “or” at the end of subsection (4)(a);

by deleting the full‑stop at the end of paragraph (b) of subsection (4) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:“(c)in a case referred to in subsection (3)(c), revoke the instrument or the lasting power of attorney so far as it relates to the donee whose registration as a professional deputy is cancelled or who is no longer within a class of persons prescribed as qualified to be a professional donee.”;

by deleting the words “so far as it relates to any of them” in subsection (5) and substituting the words “in respect of all or such of the matters to which the lasting power of attorney relates as the court thinks fit, so far as it relates to any of the donees”; and

by inserting, immediately after subsection (5), the following subsections:“(5A) The court may under subsection (4)(b) or (c) revoke the instrument or the lasting power of attorney in respect of all or such of the matters to which the lasting power of attorney relates as the court thinks fit.(5B) 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, the revocation of the instrument or the lasting power of attorney.”.