Circumstances in which mental incapacity justification does not apply2
The conditions specified in sections 24(3)(b) and 24K(2)(b) of the 1995 Act shall not apply where another person is acting for a disabled person by virtue of—
a
a power of attorney;
b
functions conferred by or under Part 7 of the Mental Health Act 19833; or
c
powers exercisable in relation to the disabled person’s property or affairs in consequence of the appointment, under the law of Scotland, of a guardian, tutor or judicial factor.