sec.137Act for other person lacking capacity

### sec.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 . s 137 sub 2005 No. 68 s 93 (sec.137-ssec.1) 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. (sec.137-ssec.2) 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. (sec.137-ssec.3) 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 . - (a) this Act requires or permits an act to be done by or in relation to a person (the relevant person ); and - (b) the relevant person is not a minor; and - (c) the relevant person does not have capacity for the act. - (a) understanding the nature and effect of decisions about the act; and - (b) freely and voluntarily making decisions about the act; and - (c) communicating the decisions in some way. - (a) an administrator for the relevant person appointed under the Guardianship and Administration Act 2000 ; or - (b) a person suitably authorised by the relevant person under an enduring power of attorney under the Powers of Attorney Act 1998 .