(1)  This Part applies to a person with a disability who is incapable of giving consent to the carrying out of medical or dental treatment, whether or not the person is a represented person.

(2)  For the purposes of subsection (1) , a person is incapable of giving consent to the carrying out of medical or dental treatment if the person –

(a) is incapable of understanding the general nature and effect of the proposed treatment; or

(b) is incapable of indicating whether or not he or she consents or does not consent to the carrying out of the treatment.

(3)  For the purposes of subsection (1) , a person is capable of giving consent to the carrying out of medical or dental treatment if –

(a) the person has given an advance care directive; and

(b) the medical or dental treatment is carried out pursuant to that advance care directive in accordance with a consent given or refused under Part 5A.