Regulation 8 Mental incapacity
Section 20(4)(b) of the Act (treatment justified where disabled person is incapable of entering into an enforceable agreement or giving informed consent) shall not apply where a disabled person is acting through another person by virtue of—
(a)
a power of attorney; or
(b)
functions conferred by or under Part VII of the Mental Health Act 1983f1; or
(c)
powers exercisable in Scotland in relation to the disabled person’s property or affairs in consequence of the appointment of a curator bonis, tutor or judicial factor.
Annotations
Footnotes
- f1