645. Exceptions to the involvement of an independent mental capacity advocate.

645.     Exceptions to the involvement of an independent mental capacity advocate.

The duty imposed1 as to the involvement of an independent mental capacity advocate2 does not apply where there is:

  1.  

    (1)     a person nominated by the relevant person lacking capacity ('P') (in whatever manner) as a person to be consulted on matters to which that duty relates3;

  2.  

    (2)     a donee of a lasting power of attorney4 created by P who is authorised to make decisions in relation to those matters5;

  3.  

    (3)     a deputy appointed by the Court of Protection