What are the restrictions on the power of the Donee?

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Before acting on the Donor's behalf, the Donee is required to obtain a medical report from a registered medical practitioner, certifying that the Donor lacks mental capacity to make personal welfare and/or property and affairs decisions.

A Donor may restrict the scope or exclude the types of decisions that a Donee may make. E.g. the Donor appointing a Donee for property & affairs matters may state in an LPA Form 2 that the Donee cannot make any decisions on investments.

There are certain decisions which Donees cannot make on Donor’s behalf. These are:

*   Consenting to Marriage
*   Consenting to touching of a sexual nature
*   Consenting to divorce on the basis of three years’ separation
*   Consenting to a making of an adoption order
*   Adopting or renouncing a religion
*   Receiving treatment for change of gender
*   Consenting or revoking consent to treatment for sexual sterilisation
*   Consenting or revoking consent to abortion
*   Registering or withdrawing an objection regarding the removal of an organ from any person upon death
*   Making or revoking an Advanced Medical Directive
*   Making or revoking a gift of a body or any part of a body

What are the restrictions on the power of the Donee?

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Related questions

What types of decisions can my donee make on my behalf?

I am a Donee appointed with property and affairs powers. Can I be made personally liable for debts of the Donor, after the Donor has lost mental capacity?

When does the donee step in to make decisions on behalf of the donor?

When will a Donee’s powers end?

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