Proxies, representatives and advocates:
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.
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I am at an early stage of developing this resource, so please bear with me as I 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
Applies in mental capacity situations?
Applies in mental health situations?
Applies in day-to-day situations?
Occasionally
Always
Statutory definition of the role (if any)
Defined term | Source | Source_URL |
|---|---|---|
Nearest relative | Mental Health Act 1983, S.26 | https://www.legislation.gov.uk/ukpga/1983/20/section/26 |
The person in this role
The role involves
is professionally qualified to perform the role
speaking for/on behalf of Q
Yes
has a professional relationship with Q
acting in Q's best interests
Yes
has a personal relationship with Q
Usually
ensuring Q's understanding
Yes
is independent of the organisation(s) involved
being consulted about Q's health and welfare
Yes
has lived experience of Q's care and support needs
being consulted about Q's finances
making decisions about Q's health and welfare
managing Q's finances
Is the person formally appointed to this role?
How many people can perform this role at one time?
Are there any other criteria for appointment?
Who nominates/appoints them?
Always
One
Mental Health Act S.26 sets out a hierarchy of eligibility
Is the appointment time limited?
Other comments