Act for other person lacking capacity
137 Act for other person lacking capacity
This section applies if—
this Act requires or permits an act to be done by or in relation to a person (the relevant person); and
the relevant person is not a minor; and
the relevant person does not have capacity for the act.
Subject to the operation of the Guardianship and Administration Act 2000 and the Powers of Attorney Act 1998, a qualified person may act for the relevant person for the act.
In this section—capacity, for the relevant person for the act, means the relevant person is capable of—
understanding the nature and effect of decisions about the act; and
freely and voluntarily making decisions about the act; and
communicating the decisions in some way.
qualified person means—
an administrator for the relevant person appointed under the Guardianship and Administration Act 2000; or
a person suitably authorised by the relevant person under an enduring power of attorney under the Powers of Attorney Act 1998.
This Act’s bill:Explanatory memorandum
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