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.