Mental Capacity Act (Northern Ireland) 2016

Declarations etc

Declaration that particular person not to be nominated person

77.—(1) A person who is 16 or over and has capacity to do so (“the declarer”) may make a declaration—

(a) stating that a person specified in the declaration is not to be the declarer’s nominated person;

(b) specifying two or more persons and stating that neither (or none) of them is to be the declarer’s nominated person;

(c) stating that no person of a description specified in the declaration is to be the declarer’s nominated person.

(2) Where a declaration has been made under subsection (1) and has not been revoked, any person who is specified, or of a description specified, in the declaration—

(a) is to be disregarded in determining who is the default nominated person for the declarer under sections 73 to 76; and

(b) may not be appointed by the Tribunal under section 81 as the declarer’s nominated person (subject to subsection (3)).

(3) Subsection (2)(b) does not apply where there has been a change of circumstances since the declaration was made that, in the Tribunal’s opinion, justifies appointing the person concerned.

(4) A declaration under this section remains effective even where, at a time after making the declaration, the declarer no longer has capacity to make decisions about the declaration.

(5) A declaration under this section may be revoked by the declarer at any time when the declarer has capacity to do so.

(6) A declaration, or revocation of a declaration, under this section is valid only if it is in writing and the conditions of section 79 (formalities) are met.

Notice declining to be a person’s nominated person

78.—(1) A person may at any time decline to be the default nominated person for another person (“P”) by giving notice in writing to that effect to P.

(2) A person who has given notice under subsection (1) may at any time withdraw the notice by giving a further notice in writing to P.