38(3)Where a patient is the donor of a power of attorney that contains the provision referred to in paragraph 58.2(1)(
a) of the
Property Act, the Public Trustee, notwithstanding receipt of the certificate referred to in paragraph (2)(
a) or of the notice referred to in paragraph (2)(
b), does not become committee under this Act of that part of the patient’s estate to which the power of attorney applies nor shall the Public Trustee assume management under this Act of that part of the patient’s estate.