nearest relative (section 26 of Mental Health Act)
Last reviewed 01/2018
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