Commentary on Sections Part 3 – Nominated Person Section 70 – Appointment of nominated person
This section sets out the procedure to be followed where a person (aged 16 or over) wishes to appoint one person (aged 16 or over) to act as his or her nominated person under the Act and has capacity to do so. For the appointment to be valid it must be in writing and meet the conditions set out in section 79, and the person appointed must consent in writing to being the nominated person. Such an appointment will continue to have effect even if the person who made the appointment loses capacity to make decisions about his or her nominated person.