xmlns:atom="http://www.w3.org/2005/Atom"

Part 1Persons who lack capacity

Independent mental capacity advocate service

40Exceptions

Sections 37(3), 38(3) and (4) and 39(4) and (5) do not apply if there is—

(a)a person nominated by P (in whatever manner) as a person to be consulted in matters affecting his interests,

(b)a donee of a lasting power of attorney created by P,

(c)a deputy appointed by the court for P, or

(d)a donee of an enduring power of attorney (within the meaning of Schedule 4) created by P.