Paragraph 143 F1

(1)

Appointment regulations may make provision about who is to select a person for appointment as a representative.

(2)

But regulations under this paragraph may only provide for the following to make a selection—

(a)

the relevant person, if he has capacity in relation to the question of which person should be his representative;

(b)

a donee of a lasting power of attorney granted by the relevant person, if it is within the scope of his authority to select a person;

(c)

a deputy, if it is within the scope of his authority to select a person;

(d)

a best interests assessor;

(e)

the supervisory body.

(3)

Regulations under this paragraph may provide that a selection by the relevant person, a donee or a deputy is subject to approval by a best interests assessor or the supervisory body.

(4)

Regulations under this paragraph may provide that, if more than one selection is necessary in connection with the appointment of a particular representative—

(a)

the same person may make more than one selection;

(b)

different persons may make different selections.

(5)

For the purposes of this paragraph a best interests assessor is a person carrying out a best interests assessment in connection with the standard authorisation in question (including the giving of that authorisation).

Annotations

Textual amendments

F1: Sch. A1 inserted (1.4.2008 for certain purposes and otherwise 1.4.2009) by Mental Health Act 2007 (c. 12) , ss. 50 , 56 , Sch. 7 ; S.I. 2008/745 , art. 4(a) ; S.I. 2009/139 , art. 2(c) (with art. 3 , Sch. paras. 3 , 4 )