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Nearest relative
Please note: In these descriptions of proxies, representatives and advocates, Q refers to the person whom the proxy, representative or advocate is supporting or representing.
We are at an early stage of developing this resource, so please bear with us as we work on it.
Purpose of the role
Has certain rights in respect of a person who is or who may be made subject to the Mental Health Act. The nearest relative can request a Mental Health Act assessment, can object to their relative being detained under the Act, and can apply for their relative to be discharged from detention under the Act.
This role applies when
Q is subject to sectioning or guardianship under the Mental Health Act 1983
This role applies to
Mental capacity cases
Occasionally
Mental health cases
Always
Day to day living
Statutory definition of the role (if any)
Defined term | Act of Parliament/Statutory Instrument | Link |
|---|---|---|
Nearest relative | Mental Health Act 1983, S.26 | https://www.legislation.gov.uk/ukpga/1983/20/section/26 |
The person in this role
Is professionally qualified to perform the role
Has a professional relationship with Q
Has a personal relationship with Q
Usually
Is professionally independent of the organisation(s) involved
Has lived experience of Q's care and support needs
Speaks for/on behalf of Q
Yes
Safeguards Q's rights
Yes
Ensures Q's understanding
Yes
Is consulted about Q's health and welfare
Yes
Is consulted about Q's finances
Makes decisions about Q's health and welfare
Manages money on Q's behalf
Is the person formally appointed to this role?
Always
How many people can perform this role at one time?
One
Are there any other criteria for appointment?
Mental Health Act S.26 sets out a hierarchy of eligibility
Who nominates/appoints them?
Is the appointment time limited?
Other comments