LAW

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​KembaraXtra – Legal Terms – Nearest Relative


A nearest relative is a person, usually a family member, who is granted specific powers under the Mental Health Act 1983 in relation to someone suffering from a mental disorder.


The nearest relative may exercise important rights, including applying for the compulsory admission of a person to hospital for mental health treatment.


The Act provides a legal order of priority for determining who qualifies as the nearest relative.


The first categories listed include a spouse or civil partner, followed by a son or daughter, then a father or mother, and afterwards a brother or sister.


If the person identified by law is considered unsuitable, the patient may apply to the court to appoint a different individual as their nearest relative.
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