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MENTAL HEALTH ACT 2007 - SECT 72
Nomination of designated carers
72 Nomination of designated carers
(1) A person may nominate up to 2 persons to be the person's designated carers
for the purposes of this Act.
(2) A person may nominate persons who are
excluded from being given notice or information about the person under this
Act and may revoke or vary any such nomination.
(3) A person who is over the
age of 14 years and under the age of 18 years may not exclude the person's
parent by a nomination under subsection (2).
(4) A nomination, variation or
revocation is to be made in writing and may be given to an
authorised medical officer at a mental health facility or a
director of community treatment.
(5) A nomination remains in force for the
period prescribed by the regulations or until it is revoked in writing.
(6)
An authorised medical officer or a director of community treatment is, in
carrying out his or her functions under this Act or the regulations, to give
effect to a nomination or a variation or revocation of a nomination, if
notified of the nomination, variation or revocation.
(7) An
authorised medical officer or a director of community treatment is not
required to give effect to a nomination, or a variation or revocation of a
nomination, if the officer or director reasonably believes-- (a) that to do so
may put the patient or nominated person or any other person at risk of serious
harm, or
(b) that the person who made the nomination, variation or revocation
was incapable of making the nomination, variation or revocation.
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