Commentary on Sections Part 3 – Nominated Person Section 83 – Revocation of Tribunal’s appointment where P regains capacity
If under section 81 the Tribunal has appointed a nominated person for P and P later regains capacity to make decisions about who should be his or her nominated person, P may at any time apply to the Tribunal to have the Tribunal’s appointment revoked if he or she has capacity to do so. The Tribunal is required to revoke its previous appointment unless it is satisfied that P in fact lacks capacity to make decisions about who should be his or her nominated person. If it is the case that P lacks capacity but the Tribunal is satisfied that a different person should be appointed as P’s nominated person, the Tribunal can make such an order under section 81.