Part 2Amendments to other Acts
Chapter 2Amendments to Mental Capacity Act 2005
49Independent mental capacity advocacy service: exceptions
For section 40 of the Mental Capacity Act 2005 (c. 9) (independent mental capacity advocacy service: exceptions) substitute—
40Exceptions
The duty imposed by section 37(3), 38(3) or (4) or 39(4) or (5) 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.