Rights to be involved in the care of relatives
husband - wife
son - daughter
father - mother
brother - sister
grandfather - grandmother
uncle - aunt
nephew - niece
However there are several rules which affect the decision:
the nearest relative must be aged 18 or over - except for married couples of 16 & 17 who act for each other
separation or divorce removes the husband or wife
couples who have lived together for 6 motnhs or more count as husband and wife - this includes same sex couples
if the patient (your relative) normally lives with a family member on the list, that person will be regarded as nearest relative
if the patient lives in the UK then the nearest relative muct also live ion the UK
The nearest relative can delegate their powers to another person who agrees to take on the role - but in some circumstances the nearest relative can be displaced by the County Court.
Rights of the nearest relative
The nearest relative has important rights which can be used very effectively. For example the Act enables this person in certain circumstances to...
- require an Approved Social Worker (ASW) to assess someone who might need to be admitted to hospital
- apply to the hospital managers for a compulsory admission
- to prevent compulsory admission from taking place
- be given information
- to express their point of view when the hospital managers review the patient's detention
- take part in the Mental Health Review Tribunal (MHRT)
- to order discharge of the patient.
The Act is complicated and anyone intending to use these rights should look at the legislation carefully, or be prepared to take advice. Mental Health Act
As carer you can, if your relative consents, be involved in the exchange of medical information about them and their treatment arrangements. However if your relative refuses to consent to this exchange of information with you, and they have sufficient understanding for the decision to be upheld as valid (i.e. they have the capacity to make the decision) then this may have to be accepted. It is difficult to come to terms with the fact that you may be unable to help as much as you would like but there are legal limits on What is possible. In these instances it is important to continue to work towards a better relationship in the hope that more openness will develop over time.
