How do we help our brother as a Nearest Relative?

Law and practice Mental Health Act
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My brother’s mental health has been deteriorating for over a year, and he is now becoming paranoid. He lives alone after kicking out his girlfriend and kids. Despite numerous attempts by mental health professionals and the police to help him, he has refused assistance. He believes our mum is out to destroy him.

How can his family (especially our mum) help him? We want to be involved in his care and have his GP involved.

Is my mum the nearest relative (NR) by default?

Can he object to her being the NR?

What other routes can we take to be involved in his care?

1 Like
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Unfortunately the law on Nearest Relative is there for everyone to access. It requires careful study. Start here: The Pivotal Role of the Nearest Relative in Mental Health Care

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3 posts were split to a new topic: Definition of “hospital managers”

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It sounds probable based on the information given so far, but you could work it out using the information here: Identification of nearest relative - Mental Health Law Online.

The identity of the nearest relative is just calculated using the algorithm above, though here are couple of relevant points:

There is some information here: Nearest relative powers - introduction - Mental Health Law Online. But maybe the most relevant legal provision (which isn’t yet mentioned in those pages) might be s13(4):

(4) It shall be the duty of a local social services authority, if so required by the nearest relative of a patient residing in their area, to make arrangements under subsection (1) above for an approved mental health professional to consider the patient’s case with a view to making an application for his admission to hospital; and if in any such case that professional decides not to make an application he shall inform the nearest relative of his reasons in writing.

There are probably lots of other practical steps you can take. Good luck.