[personal profile] 7rin
http://www.mind.org.uk/help/rights_and_legislation/nearest_relatives_under_the_mental_health_act_1983

The purpose of this legal briefing is to explain the term "nearest relative", show how a person’s nearest relative is identified and outline the rights and powers that a nearest relative has.

The briefing uses the term ‘patient’ when referring to the person using mental health services. This is the term used in the Mental Health Act 1983 (MHA), the legislation which covers the formal detention and care of people experiencing mental distress. The briefing covers the following:

1. Nearest relative and ‘next of kin’

2. Identifying the nearest relative

3. Rights and powers of the nearest relative

3.1 Admission to hospital under the Mental Health Act 1983 ("sectioning")
3.2 Powers concerning discharge of the patient
3.3 Right to information on admission and discharge
3.4 Planning for aftercare
3.5 Supervised community treatment (replacing Supervised discharge)
3.6 Treatment

4. Can a nearest relative be changed?

4.1 Delegation of role by nearest relative

5. Further Information

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