If you are sectioned under the Mental Health Act, you cannot choose who makes all decisions for you, but you do have some rights and options for support.

Your nearest relative

Your “nearest relative” is a legal term set out by the Mental Health Act. It’s not always your next of kin or the person you feel closest to.

The law decides who this is, following a set order, and could be someone such as your partner, child, parent, sibling, or grandparent.

Your nearest relative has certain rights, like asking for a Mental Health Act assessment or applying for your discharge. However, you cannot choose who this person is.

Mental health professionals

While you are sectioned, mental health professionals, such as doctors and Approved Mental Health Professionals (AMHPs), make the final decisions about your care and treatment. They do this based on your needs and any risks involved.

Advocacy and support

You have the right to an advocate while you are sectioned. Advocates can help you understand your rights and make your wishes known, but they do not have legal power to make decisions for you.

Power of attorney

If you set up a health and welfare Lasting Power of Attorney (LPA) before being sectioned, the person you chose can make some decisions about your care.

However, some decisions under the Mental Health Act will still be made by professionals, not your attorney.

Need more support?

If you have questions or need more guidance, Rethink Mental Illness is here to help. Visit our advice and information pages or contact us. You are not alone. Support and information are available when you need them.

*This information was correct at time of publication – 23 April 2026