Mental Capacity Act (Northern Ireland) 2016

Default nominated person

73.—(1) Where—

(a) a person (“P”) is 16 or over, and

(b) there is no person currently appointed as P’s nominated person under section 70 or 81,

this section and sections 74 to 76 apply to determine who (if anyone) is the default nominated person for P.

(2) The default nominated person for P is—

(a) where there is only one person who is within the list in subsection (3), that person;

(b) where there are two or more persons who are within that list, the person highest up the list;

but this is subject to sections 74 and 75.

(3) The list is as follows—

(a) P’s carer (as defined by section 76);

(b) P’s spouse or civil partner (except one within subsection (4) (separation etc));

(c) a person within subsection (5) (person living with P as spouse etc);

(d) P’s child;

(e) P’s parent;

(f) P’s brother or sister;

(g) P’s grandparent;

(h) P’s grandchild;

(i) P’s aunt or uncle;

(j) P’s niece or nephew;

(k) a person within subsection (6) (person living with P etc).

(4) A person is within this subsection if—

(a) the person is permanently separated from P (either by agreement or under an order of a court); or

(b) the person has deserted or been deserted by P for a period which has not ended.

(5) A person is within this subsection if—

(a) the person is living with P as if he or she were P’s spouse or civil partner, and has been so living for a period of at least 6 months; or

(b) if P is living in a relevant place, at the relevant time the person had been living with P as if he or she were P’s spouse or civil partner for a period of at least 6 months.

(6) A person is within this subsection if—

(a) the person is someone with whom P lives and has been living for a period of at least 5 years; or

(b) if P is living in a relevant place, at the relevant time the person was someone with whom P had been living for a period of at least 5 years.

(7) In this section—

“relevant place” means—

(a)

a hospital;

(b)

a care home; or

(c)

a place of a prescribed description;

“the relevant time” means the time when P started living at the relevant place.