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.
Commencement Information
I1S. 40 wholly in force at 1.10.2007; s. 40 not in force at Royal Assent see s. 68(1)-(3); s. 40 in force for E. at 1.11.2006 for certain purposes and otherwise 1.4.2007 by S.I. 2006/2814, art. 5; s. 40 in force at 1.10.2007 for W. by S.I. 2007/856, art. 5