If you have a mental health problem, your nearest relative will have certain powers and rights related to your care and treatment.

Quick facts

• Nearest relative is a special term used in the Mental Health Act 1983.

• It gives one member of your family certain rights and responsibilities if you are kept in hospital under sections 2, 3, 4 or 37, on a community treatment order, or under a guardianship.

• The Mental Health Act has a list of 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. 

• You can change your nearest relative in certain situations.

Please note

• This guide only covers nearest relative from the point of view of a person with a mental health problem.
• This guide applies to England and Wales.
• This guide contains general legal information, not legal advice. We recommend you get advice from a specialist legal adviser or solicitor who will help you with your specific situation and needs. See Useful contacts for more information.
• The legal information in this guide does not apply to children unless specifically stated.

 

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This information was published in August 2018. We will revise it in 2020.