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.