What is Nearest Relative in Mental Health Law?
Nearest Relative is a term used in mental health law to identify an individual who has certain legal rights and responsibilities related to the care and treatment of a person with a mental disorder. The term is used primarily in the UK, and there are specific provisions related to it under the Mental Health Act 1983.
Who is Nearest Relative?
The nearest relative is usually a family member, and the following individuals are included:
- spouse or civil partner
- parent
- adult child
- adult sibling
- grandparent
- grandchild
What are the Legal Rights of a Nearest Relative?
A nearest relative has certain legal rights under the Mental Health Act 1983, such as:
- the right to be consulted and involved in decisions related to the care and treatment of the person with a mental disorder
- the right to request admission for assessment or treatment under the Mental Health Act 1983
- the right to discharge the person from a hospital to which he/she was detained or admitted for treatment under the Act
- the right to apply for a discharge order to a hospital manager or to the Mental Health Tribunal
What are the Responsibilities of a Nearest Relative?
A nearest relative also has certain responsibilities related to the care and treatment of the person with a mental disorder, such as:
- liaising with mental health professionals and advocating for the person's care and treatment
- consenting or objecting to certain treatments on behalf of the person, depending on the nature of the treatment and the person's capacity to make decisions
- making decisions related to the person's welfare, such as housing and financial matters, if the person lacks capacity
FAQs
What if there is no Nearest Relative?
If there is no nearest relative or if the nearest relative is unable or unwilling to carry out their responsibilities, the local authority may appoint a suitable person as a "nearest relative substitute" to take on these responsibilities.
Can a Nearest Relative be Changed?
Yes, in certain circumstances, the nearest relative can be changed, such as if they are unable or unwilling to carry out their responsibilities or if the person with a mental disorder moves to a different country.
Can a Nearest Relative be Overruled?
Yes, mental health professionals can overrule a nearest relative's decision if they believe it is not in the best interests of the person with a mental disorder, referring the decision to the Mental Health Tribunal if necessary.
Are Nearest Relatives Involved in All Mental Health Cases?
No, the involvement of the nearest relative depends on the specific circumstances of the case, such as the person's capacity to make decisions and the type of treatment or care required.
