Mental Capacity Act (Northern Ireland) 2016

Determining who is nominated person

85.—(1) Where a person (“D”) is determining for any purpose of this Act whether another person (“P”) has a nominated person or who P’s nominated person is, then unless D has reason to believe that an action mentioned in subsection (2) has been taken, D may assume that that action has not been taken.

(2) The actions referred to in subsection (1) are—

(a) the appointment of a person as P’s nominated person;

(b) the revocation of such an appointment;

(c) a declaration by P that a particular person is not to be P’s default nominated person;

(d) any other action under Part 3 which would affect whether P has a nominated person or who P’s nominated person is.

(3) For the purposes of this Act it is “practicable to establish” whether a person has a nominated person, or who a person’s nominated person is, if it is practicable to form a reasonable belief about that matter (having regard to subsection (1)).