Make it an offence to use someone's bank card if they're dying in hospital

Background

Current laws say you can't use someone else's card without their permission but I believe there is a current loophole when someone is dying.

Additional details

I'm concerned that someone could take a card while person is in hospital on their deathbed because if they die, they wouldn't be able to report it to the police. The perpetrator can claim they had permission. I believe this is a loophole because someone dying from dementia or any other illness in hospital wouldn't be able to give permission as they wouldn't have the capacity to say so.

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