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Mental Capacity Act 2005
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- UK Public General Acts
- 2005 c. 9
- SCHEDULE 6
- Paragraph 7
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U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45)
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7In section 1 of the U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) (administration of pensions)—
(a)in subsection (4), omit the words from “or for whom” to “1983”, and
(b)after subsection (4), insert—
“(4A)An agreement under subsection (1) is not to be made in relation to a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) for the purposes of this Act if—
(a)there is a donee of an enduring power of attorney or lasting power of attorney (within the meaning of the 2005 Act), or a deputy appointed for the person by the Court of Protection, and
(b)the donee or deputy has power in relation to the person for the purposes of this Act.
(4B)The proviso at the end of subsection (4) also applies in relation to subsection (4A).”.
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