Commentary on Sections Part 14 – Miscellaneous Sections 285 and 286 – Matters excluded from the Act
Section 285 sets out a number of decisions which can never be made under the Act on behalf of someone who lacks capacity. Many of these decisions are of such a personal nature, such as consenting to marriage, that it would be inappropriate for a person other than the person directly involved to make it. Section 286 also clarifies that the Act does not give anybody the right to place an electoral vote on someone else’s behalf.
Unlike equivalent legislation elsewhere, there is no exclusion in relation to matters governed by mental health legislation. The Act will replace the Mental Health Order as it applied to persons aged 16 and over.