Mental Capacity (Amendment) Bill

Explore the details of bill number 11/2024.

Summary

  • The Mental Capacity (Amendment) Bill 2024 amends the Mental Capacity Act 2008, specifically introducing a new section 12B regarding electronic records related to lasting powers of attorney.
  • The amendment allows electronic records, made under specific conditions, to be considered valid as deeds even if they do not explicitly state that they are intended to be considered as such.
  • It provides protection against legal challenges regarding the validity of lasting powers of attorney created during a specified time frame, despite any non-compliance with certain formal requirements.
  • The Bill stipulates that no legal proceedings regarding the validity of these instruments can be initiated after the Bill's introduction date, while still allowing courts to assess other validity requirements that do not pertain to the new provisions.
  • The legislation is set to come into effect on a date to be determined by the Minister and does not require additional public funding.

Summary written by AI (edit)

Timeline

Bill introduced

The bill is formally presented in Parliament for consideration.

9 months ago

First reading

The bill's title and key objectives are read out, but no debate occurs at this stage.

9 months ago

Second reading

Members of Parliament debate the bill's general principles and overall merits.

8 months ago

Select committee

The bill is examined in detail by a select committee, which may suggest amendments.

8 months ago

Third reading

Members of Parliament debate the final version of the bill, including any amendments made.

8 months ago

Voting

The bill is voted on by the Members of Parliament and, if it receives the required majority, it becomes law. Do note that an exact vote may not be counted; the 'ayes' can simply be louder than the 'noes'.

8 months ago

Bill passed

The bill is passed and becomes law.

8 months ago