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 person nominated by P (in whatever manner) as a person to be consulted on matters to which that duty relates,
a donee of a lasting power of attorney created by P who is authorised to make decisions in relation to those matters, or
a deputy appointed by the court for P with power to make decisions in relation to those matters.
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.