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Assignment of functions by nearest relative. 40.(1) The nearest relative of any patient who is liable to be detained or subject to guardianship under this Part may assign his functions as such under this Part to any person (other than the patient) who indicates in writing his willingness to exercise those functions. (2) Any person who wishes to assign, under this section, his functions as nearest relative under this Part shall give notice of the assignment in the prescribed form to the responsible [Health and Social Services Board]. (3) On the receipt by the responsible [Health and Social Services Board] of the notice referred to in sub-section (2), the provisions of this Part shall, subject to sub-section (4) of section forty-one, apply in relation to the patient as if for any reference to the nearest relative of the patient there were substituted a reference to the person to whom the nearest relative has assigned his functions under this Part and (without prejudice to sections forty-one and forty-two) shall so apply notwithstanding that the person who was the patient's nearest relative at the time of the assignment is no longer his nearest relative. (4) Where, under this section, a person assigns his functions as nearest relative under this Part, the following provisions of this Part shall not apply in relation to the person to whom he has assigned his functions, that is to say in section forty-one, paragraph (a) of sub-section (3); Appointment by county court of acting nearest relative.
© 1961 Crown Copyright
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