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Nomination on behalf of policy owner lacking capacity

Insurance (Nomination of Beneficiaries) Regulations 2009

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—(1) This regulation applies where a policy owner of a relevant policy lacks capacity within the meaning of section 4 of the Mental Capacity Act 2008, and the court makes an order under section 20(2)(a) of the Mental Capacity Act 2008 in relation to the making, on the policy owner’s behalf, of a nomination under section 132(2) or 133(2) of the Act.(2) The order must authorise a person (referred to in this regulation as the authorised person) to sign the nomination on the policy owner’s behalf.(3) Every form pertaining to the making of a nomination under section 132(2) or 133(2) of the Act on the policy owner’s behalf in pursuance of the order shall —(a)state that it is signed by the policy owner acting by the authorised person;(b)be signed by the authorised person with the names of the policy owner and the authorised person;(c)be signed by the authorised person in the presence of 2 witnesses (each being an individual who has attained the age of 21 years and is not a nominee or the spouse of a nominee, and each of whom shall also sign the form); and(d)be sealed with the official seal of the court.(4) For the purposes of section 132(2) of the Act, a nomination under section 132(2) of the Act shall be made, and each nominee’s portion of the policy moneys shall be indicated, on the policy owner’s behalf in pursuance of the order by —(a)the completion of Form 1 in accordance with paragraph (3); and(b)the lodgment of that Form with the licensed insurer that issued the relevant policy.(5) For the purposes of section 133(2) of the Act, a nomination under section 133(2) of the Act shall be made, and each nominee’s portion of the death benefits under the relevant policy shall be indicated, on the policy owner’s behalf in pursuance of the order by —(a)the completion of Form 4 in accordance with paragraph (3); and(b)the lodgment of that Form with the licensed insurer that issued the relevant policy.(6) A nomination under section 132(2) or 133(2) of the Act which is made on the policy owner’s behalf in accordance with this regulation has the same effect for all purposes as if —(a)the policy owner had the capacity to make the nomination; and(b)the nomination had been made by the policy owner in accordance with Part 3C of the Act and these Regulations.

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