Nearest Relative

Section 26 of the Mental Health Act 1983 defines who counts as a patient's 'relative' for the Act's purposes — including a husband, wife or civil partner, son or daughter, father or mother, brother or sister, grandparent, grandchild, uncle or aunt, and nephew or niece.

The 'nearest relative' is the person first described in that list who is currently alive, with relatives of the whole blood preferred over half-blood relatives of the same description, and the elder or eldest of two or more relatives in the same category preferred over the others. Where a patient ordinarily resides with or is cared for by one or more relatives, that relative is given preference. The nearest relative has statutory powers under the Act, including the power to apply to discharge the patient or to apply to the Mental Health Tribunal on the patient's behalf without the patient's permission.