Nearest relative - miscellaneous

Changes made by MHA 2007

The following changes made by the Mental Health Act 2007 are relevant:

• Civil partners are treated as if married when determining nearest relative 1/12/07
• Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability 3/11/08

Further reading

• David Hewitt, The Nearest Relative Handbook (2nd edn, Jessica Kingsley 2009)·
• Reference Guide to the Mental Health Act 1983, chapter 2 (‘Nearest relatives’)
• Mental Health Act 1983 Code Of Practice for England, chapter 5 (‘The nearest relative’)

INFORMATION

Nearest relative category:

• Nearest relative - introduction
• Patients who have a nearest relative
• Dangerousness criterion
• Identification of nearest relative
• Nearest relative - miscellaneous
• Changing the nearest relative
  • Delegation by existing nearest relative
  • Displacement (appointment) by county court
• Nearest relative powers
  • Nearest relative powers - introduction
  • Nearest relative's right to receive information
  • Right to apply to Tribunal
  • Right to be consulted and to object to s3 admission
  • Right to discharge from guardianship
  • Right to request discharge of s2 or s3 or CTO

All information categories:

• Other jurisdictions
• Legal Aid
• Nearest relative
• Statistics
• The Law Society
• CPD

What links here:

• Nearest relative - introduction