Mental Health Act 2016

A person is a nominated support person of another person (the appointing person) if—

the person has been appointed, by written notice, as a nominated support person by the appointing person; and

the appointing person had capacity to make the appointment at the time of the appointment; and

a record for the appointment is kept in the records system.

The appointing person may appoint no more than 2 nominated support persons.

The appointing person may revoke the appointment of a nominated support person by written notice given to the nominated support person.

A revocation takes effect only if the appointing person has capacity to revoke the appointment at the time of the revocation.

A nominated support person may resign by written notice given to the appointing person.

For this section, a person has capacity to make or revoke an appointment of a nominated support person if the person has the ability to—

understand the nature and effect of the appointment or revocation; and

freely and voluntarily make the appointment or revocation; and

communicate the appointment or revocation.