This site is intended for healthcare professionals

Go to /sign-in page

You can view 5 more pages before signing in

Nearest relative (section 26 of Mental Health Act)

Last reviewed dd mmm yyyy. Last edited dd mmm yyyy

Authoring team

The nearest relative according to Section 26 of the Act is the first surviving person in the following list:

1) husband or wife (or co-habitee for more than 6 months)

2) son or daughter (if aged over 18 years)

3) father or mother

4) brother or sister (aged over 18 years)

5) grandparent

6) grandchild (aged over 18 years)

7) uncle or aunt (aged over 18 years)

8) nephew or niece (Aged over 18 years)

9) non-relative living with the patient for 5 or more years

The Mental Health Act 2007 has given greater power to patients if they believe that the person identified under the Act as their nearest relative is not acting in their best interests

  • they can now apply to a county court to displace the relative

Create an account to add page annotations

Add information to this page that would be handy to have on hand during a consultation, such as a web address or phone number. This information will always be displayed when you visit this page

The content herein is provided for informational purposes and does not replace the need to apply professional clinical judgement when diagnosing or treating any medical condition. A licensed medical practitioner should be consulted for diagnosis and treatment of any and all medical conditions.

Connect

Copyright 2024 Oxbridge Solutions Limited, a subsidiary of OmniaMed Communications Limited. All rights reserved. Any distribution or duplication of the information contained herein is strictly prohibited. Oxbridge Solutions receives funding from advertising but maintains editorial independence.