Section 43 — Protection of Personal and Property Rights Act 1988: Manager's duty to consult

43 Manager's duty to consult (1) In the management of the property of a person subject to a property order, the manager shall, as far as it may be practicable, consult— (a) The person for whom the manager is acting; and (b) Such other persons, as are, in the opinion of the manager, interested in the welfare of the person and competent to advise the manager in relation to the management of the person's property; and (c) A representative of any group that is engaged, otherwise than for commercial gain, in the provision of services and facilities for the welfare of persons in respect of whose property the Court has jurisdiction in accordance with section 25 of this Act, and that, in the opinion of the manager, is competent to advise the manager in relation to the property that is subject to the property order. (2) The manager may follow any advice given to the manager by the person for whom the manager is acting or by any other person referred to in subsection (1) of this section, and shall not be liable for anything done or omitted by the manager in following that advice, unless done or omitted in bad faith or without reasonable care. (3) In any case where the manager is of the opinion that any such advice conflicts with his or her duty as manager or with any rule of law or would or may expose the manager to liability or is otherwise objectionable, or in any case where conflicting advice is given to the manager, the manager may apply to a Court for directions in the matter, and shall not incur any liability in respect of anything done or omitted to be done in accordance with any such directions. (4) In any case to which subsection (3) of this section applies, the Court may make such order as to costs as it thinks fit. (5) Nothing in subsection (3) of this section shall oblige the manager to apply to a Court for directions. (6) Without limiting any of the foregoing provisions of this section, where a welfare guardian has been appointed for the person for whom the manager is acting, the manager shall consult on a regular basis with that welfare guardian to ensure that the interests of the person for whom they are acting are not prejudiced through any breakdown in communication between the manager and the welfare guardian.