Explains what a nearest relative is, including what powers and rights they have and how you can change your nearest relative.
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Nearest relative is a special term used in the Mental Health Act 1983. It gives one member of your family rights and responsibilities if you are:
Your nearest relative is not the same as your next of kin. The next of kin doesn't have any rights under the Mental Health Act.
Nearest relative is an important safeguard for people who are affected by the Mental Health Act. The nearest relative is another way of making sure that your rights are protected when you are unwell and it is normally someone that you trust.
Section 26 of the Mental Health Act 1983 sets out who will be your nearest relative. The list is in strict order and the person who is highest on the list is your nearest relative.
Also, the nearest relative must:
If you do not have anyone on the list that can act as a nearest relative, you can apply to your local county court to appoint one. This could be a friend or could be an approved mental health professional. The process is the same as displacement.
AMHPs are mental health professionals who have been approved by a local social services authority to carry out duties under the Mental Health Act. They are responsible for coordinating your assessment and admission to hospital if you are sectioned.
They may be:
Displacement is where you change your nearest relative. The process of changing the nearest relative is often known as ‘displacement proceedings’.
Your nearest relative can be displaced if you or the local authority have concerns about the way that they are behaving.
See our pages on the nearest relative for more information.
See our full list of legal terms.The nearest relative is a family member who has certain responsibilities and powers if you are detained in hospital under the Mental Health Act. These include the right to information and to discharge in some situations.
The law sets out a list to decide who will be your nearest relative. This can sometimes be changed.
See our pages on the nearest relative for more information.
See our full list of legal terms.This is a legal term which means that a person with parental responsibility has rights and responsibilities towards a child.
See our full list of legal terms.A cohabitee is person who lives with another person as if they are married without having gone through the legal process of marriage.
See our full list of legal terms.This is a law that applies to England and Wales which allows people to be detained in hospital (sectioned) if they have a mental health disorder and need treatment. You can only be kept in hospital if certain conditions are met.
See our pages on the Mental Health Act for more information.
See our full list of legal terms.This is where someone called a 'guardian' is appointed instead of being sectioned and kept in hospital. Your guardian could be a person or a local authority.
You can only be placed under guardianship if it's necessary for your welfare or to protect other people. Your guardian has the power to make certain decisions about you and to make conditions that you will be asked to keep to, such as where you live.
Guardianship lasts for up to six months and can be renewed: initially for a further six months, and then for a year at a time. You can appeal to the Mental Health Tribunal once in each of these periods.
See our full list of legal terms.If you have been sectioned and treated in hospital under certain sections, your responsible clinician can put you on a CTO. This means that you can be discharged from the section and leave hospital, but you might have to meet certain conditions such as living in a certain place, or going somewhere for medical treatment. Sometimes, if you don't follow the conditions or you become unwell, you can be returned to hospital.
See our pages on CTOs for more information.
See our full list of legal terms.Being 'sectioned' means that you are kept in hospital under the Mental Health Act. There are different types of sections, each with different rules to keep you in hospital. The length of time that you can be kept in hospital depends on which section you are detained under.
See our pages on sectioning for more information.
See our full list of legal terms.A person is detained if they are being kept in hospital under section and are not free to leave.
See our full list of legal terms.This information was published in November 2020. We will revise it in 2022.
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