To ask if anyone can help me with a question about the Mental Health Act?

[pyjamas89]

I'm wondering if there are any AMHPs/mental health nurses/doctors about who might be able to help me with a question about the nearest relative in the Mental Health Act please? I've previously been unwell and hospitalised under a section. Due to changes in family circumstances the person who was my nearest relative at these times is no longer my nearest relative but I am not sure who this would now be were I to be sectioned again in the future. I'm confused by all the information online because it seems each person's situation can be quite different and I'm hoping someone may be able to advise me as I would really like to know who the nearest relative role would fall to were I to become unwell again.

I'd be really grateful for any help that anyone can offer!

Hi, I’m a MH nurse. Are you able to say who your Nearest Relative used to be?
The MHA is quite rigid - if you are married or have lived with a partner for 6 months, they are your NR. If you are not in a relationship, it is your oldest parent.
If you are single and have no living parents, I think they next look at siblings.
I was sectioned last year and asked to have my ‘D’H displaced as my NR as his behaviour was part of the reason that I ended up being suicidally depressed but was told that it would involve going to court.

Mrhoolies
Is that true? My h had me removed as nr without going to court despite him being sectioned.

-Anyone that’s what I was told. I kn

Sorry. I know from my job that it isn’t straightforward- I think it partly depends if the NR is willing to hand that role over to someone else which my H wasn’t.

I wasn't consulted. I spoke to the hospital one day and they just told me.

I'm not a MH professional but I am a lawyer and have had a little bit of experience in health law in the past.

There's a helpful guide here on pages 9-10:

www.mind.org.uk/media/5382405/nearest-relative-2017.pdf

What are your circumstances OP? Is it clear from the guide who your NR would be or are there any complicating factors which are making it difficult to interpret?

It's not that straightforward to displace the NR. If professionals want to do it (e.g. they have reason to believe the relationship is abusive) I'm pretty sure it has to go to court, but not sure about the way round.

As PPs have said, the MHA is very rigid, and it's not the same as next of kin. For example, you can name your sister as your next of kin if you don't get on with your parents, but if they're alive, the MHA will take the older of your parents as your nearest relative. Totally unfair but it's the law.

What country do you live in as the acts are different between countries in the UK-don’t want to assume you live In Scotland because I do 😃

Thanks for the replies. @AllyMcBeagle and @MrHoolies would you mind if I PM you? I'm unsure because my situation is a bit complicated so it's not super clear...

Good point @Bairnsmum- I'm in England

Feel free

Thanks Ally, have done.

@Spidey I completely agree about it being unfair. I do understand why it needs to have a strict structure and that it is the law but it worries me that someone inappropriate can be in a role with a lot of power over someone who is very vulnerable.

This true about the MHA. It's one thing I find very strange, for example a person may not have had much contact with family for a prolonged period of time, and then all of a sudden they have lots of power.

There are caveats though - for estranged relatives and also some who provides more care.

For example an unmarried person who lives with their mother. The father may be the oldest in which case they would automatically be the NR, but if it comes to light they were living with Mother who had significant caring duties Mum should then be considered as NR.

I hope that makes sense?

@Lemon, would it be ok to PM you, sounds like you are familiar with the caveats?

Yes that's fine

I have a little experience but as a relative. My sister was sectioned a couple of years ago and wanted to name me as NOK and I was informed about this by her social worker but as our parents were both alive at the time I was told that it would be necessary to go to court to make the change.

Allnight that's not correct I'm afraid.

Your parent (which ever is the eldest) can delegate NR powers to you if you're all happy with this arrangement.

You can google and find a template which you then sign and so does the "original" NR.

You would then be the NR.

Hope that's helpful.

Also - next of kin and NR are different roles.

Thanks @Lemon I have done

Thank you @lemon. It’s a bit of a minefield to navigate especially when you are upset about how unwell your relative is.

Yes it is a total minefield, not helped when you've been given the totally wrong advise!

Think it's terrible that a professional has given you that advise.