xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
For section 40 of the Mental Capacity Act 2005 (c. 9) (independent mental capacity advocacy service: exceptions) substitute—
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.”