Who is my Nearest Relative under the Mental Health Act and what can they do?
The nearest relative has the power to object to your initial detention and following detention they can apply for your discharge. We can represent you and/or your nearest relative. Please call us for advice. There is a strict order which is generally as follows: • spouse/civil partner (or cohabitee with whom you have resided for at least six months) • child (if over 18) • father or mother (oldest) • brother or sister • grandparent • uncle or aunt • nephew or neice In certain circumstances it is possible for your nearest relative to be displaced if they are unsuitable or to appoint someone else to take over the role of nearest relative. This is however a complex area of law and we can advise you fully on this.
