# Mental Capacity Act 2005, Section 40: Exceptions

Extent: E+W

(1) The duty imposed by section 37(3), 38(3) or (4) , 39(4) or (5), 39A(3), 39C(3) or 39D(2) 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.
(2) A person appointed under Part 10 of Schedule A1 to be P's representative is not, by virtue of that appointment, a person nominated by P as a person to be consulted in matters to which a duty mentioned in subsection (1) relates.

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Source: https://www.legislation.gov.uk/ukpga/2005/9/section/40 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-2005/section-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.