Victorian Current Acts

MENTAL HEALTH AND WELLBEING ACT 2022 - SECT 65

    (1)     A person who has made a nomination under this Part may revoke it at any time.

    (2)     A revocation must—

        (a)     state that the nomination is revoked; and

        (b)     be signed and dated by the person revoking the nomination; and

        (c)     be witnessed by an adult; and

        (d)     include a statement signed by the witness that—

              (i)     in the witness' opinion, the person revoking the nomination understands what a revocation is; and

              (ii)     the witness observed the person revoking the nomination sign it; and

              (iii)     in the witness' opinion, the person revoking the nomination understands the consequences of the revocation including that the nominated support person will no longer have the responsibilities, or perform the role, of a nominated support person; and

              (iv)     in the witness' opinion, the person revoking the nomination appears to have done so of their own free will; and

              (v)     the witness is an adult; and

        (e)     include any other prescribed information.

    (3)     A person who revokes a nomination must—

        (a)     take reasonable steps to inform the nominated support person of the revocation; and

        (b)     if the person is a patient, inform the authorised psychiatrist.