NR displaced and then passes away

[SPurkis (Sarah Purkis)]

Hello,

I have a case where the patient’s NR was his father. His father was displaced as NR in 2019 following NR displacement proceedings in the County Court. The Local Authority were appointed as NR.

His dad passed away in 2023.

The client is currently on a section 2 and is approaching a section 3 assessment.

Does the s.29 NR displacement order remain valid despite the NR who was displaced passing away or does the s.29 order lapse given the father’s death and then the AMHP should identify his NR as the next relative in the list? The client has a brother who would be next in the list if the order has lapsed.

Any help would be much appreciated.

[Nickwoo (Nick Woodhead)]

Hi,
Reference Guide:

2.54 While an order is in force, a patient’s acting nearest relative is to be treated
as if they were the patient’s actual nearest relative.
2.55 Accordingly, they can exercise all of the rights of a nearest relative (including
the power to delegate those rights to another person, as described at
paragraph 2.25 onward). And where hospital managers and others are
required to give information to nearest relatives, they must give that
information to the acting nearest relative.
2.56 This applies even if the former nearest relative who was displaced would no
longer be the nearest relative (eg because they have died, or because the
patient has married or divorced, or entered or dissolved a civil partnership).
The order has first to be discharged to allow the person who would otherwise
now be the nearest relative to take over.
2.57 The same applies if the acting nearest relative dies. In that case no-one can
exercise the rights of the nearest relative while the order remains in force,
until the court discharges it, or varies it to appoint a new acting nearest
relative

[Richard_Rook]

What Nick says. It’s s29(6) of the Act