Part 1Persons who lack capacity

Independent mental capacity advocate service

F140Exceptions

F2(1)F2

The duty imposed by section 37(3), 38(3) or (4) F3, 39(4) or (5), 39A(3), 39C(3) or 39D(2)F3 does not apply where there is—

(a)

a person nominated by P (in whatever manner) as a person to be consulted on matters to which that duty relates,

(b)

a donee of a lasting power of attorney created by P who is authorised to make decisions in relation to those matters, or

(c)

a deputy appointed by the court for P with power to make decisions in relation to those matters.

F4(2)

A person appointed under Part 10 of Schedule A1 to be P's representative is not, by virtue of that appointment, a person nominated by P as a person to be consulted in matters to which a duty mentioned in subsection (1) relates.F4F1