Mental Health Bill [HL] — Report (1st Day) — Amendment 34 (to Amendment 33) — 31 Mar 2025 at 19:15
Moved by Baroness Berridge
34: Leave out sub-paragraph (3) and insert-“(3) Where sub-paragraph (2) does not apply, the approved mental health professional must appoint as a nominated person- (a) a guardian who has been appointed for the relevant patient,(b) a person who is named in a child arrangements order, as defined by section 8 of the Children Act 1989, as a person with whom the relevant patient is to live, or(c) a person who has parental responsibility for the relevant patient.(3A) In this paragraph “guardian” includes a special guardian within the meaning of the Children Act 1989 but does not include a guardian under section 7 of that Act.(3B) Where there is more than one person identified as a potential nominated person in sub-paragraph (3)(a), (b) or (c) then the approved mental health professional must in deciding who to appoint-(a) take into account the relevant patient’s past and present wishes and feelings so far as reasonably ascertainable, or(b) where it has not been possible to ascertain the relevant patient’s past and present wishes, preference must be given to the eldest person.”
Ayes 218, Noes 143.
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