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MENTAL HEALTH ACT 2016 - SECT 223 Who is a nominated support person

MENTAL HEALTH ACT 2016 - SECT 223

Who is a nominated support person

223 Who is a nominated support person

(1) A person is a
"nominated support person" of another person (the
"appointing person" ) if—
(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.
(2) The appointing person may appoint no more than 2 nominated support persons.
(3) The appointing person may revoke the appointment of a nominated support person by written notice given to the nominated support person.
(4) A revocation takes effect only if the appointing person has capacity to revoke the appointment at the time of the revocation.
(5) A nominated support person may resign by written notice given to the appointing person.
(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—
(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.