Mental Health Act 2016
sec.223Who is a nominated support person
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sec.223 Who is a nominated support person
A person is a nominated support person of another person (the appointing person ) if— the person has been appointed, by written notice, as a nominated support person by the appointing person; and the appointing person had capacity to make the appointment at the time of the appointment; and a record for the appointment is kept in the records system. The appointing person may appoint no more than 2 nominated support persons. The appointing person may revoke the appointment of a nominated support person by written notice given to the nominated support person. A revocation takes effect only if the appointing person has capacity to revoke the appointment at the time of the revocation. A nominated support person may resign by written notice given to the appointing person. For this section, a person has capacity to make or revoke an appointment of a nominated support person if the person has the ability to— understand the nature and effect of the appointment or revocation; and freely and voluntarily make the appointment or revocation; and communicate the appointment or revocation. s 223 amd 2022 No. 1 s 61 (sec.223-ssec.1) A person is a nominated support person of another person (the appointing person ) if— the person has been appointed, by written notice, as a nominated support person by the appointing person; and the appointing person had capacity to make the appointment at the time of the appointment; and a record for the appointment is kept in the records system. (sec.223-ssec.2) The appointing person may appoint no more than 2 nominated support persons. (sec.223-ssec.3) The appointing person may revoke the appointment of a nominated support person by written notice given to the nominated support person. (sec.223-ssec.4) A revocation takes effect only if the appointing person has capacity to revoke the appointment at the time of the revocation. (sec.223-ssec.5) A nominated support person may resign by written notice given to the appointing person. (sec.223-ssec.6) For this section, a person has capacity to make or revoke an appointment of a nominated support person if the person has the ability to— understand the nature and effect of the appointment or revocation; and freely and voluntarily make the appointment or revocation; and communicate the appointment or revocation.
- (a) the person has been appointed, by written notice, as a nominated support person by the appointing person; and
- (b) the appointing person had capacity to make the appointment at the time of the appointment; and
- (c) a record for the appointment is kept in the records system.
- (a) understand the nature and effect of the appointment or revocation; and
- (b) freely and voluntarily make the appointment or revocation; and
- (c) communicate the appointment or revocation.