(1) In this Act:
"close associate", for an incapable person—
(a) includes the following:
(i) the incapable person's domestic partner;
Note Domestic partner —see the Legislation Act
, s 169 (1).
(ii) a carer of the incapable person;
(iii) a relative or friend of the incapable person; but
(b) does not include the following:
(i) a child;
(ii) a person who appears to have impaired decision-making capacity.
(2) In this section:
"carer", of an incapable person, means a person who gives, or arranges for the giving of, care and support to the incapable person in a domestic context but does not receive payment or reward for the care and support.
"friend", of an incapable person, means someone other than a relative who—
(a) is in a close personal relationship with the person; and
(b) has frequent contact with the person; and
(c) has a genuine personal interest in the person's welfare; and
(d) does not receive payment or reward for the contact.
"payment", for a carer, does not include a carer's pension (however described).
"relative", of an incapable person, means a son, daughter, son-in-law, daughter-in-law, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law or grandparent of the person who—
(a) has frequent contact with the person; and
(b) has a genuine personal interest in the person's welfare; and
(c) does not receive payment or reward for the contact.