‘Nearest relative’ is a legal term and is not the same as ‘next of kin’. Your nearest relative may be someone in your immediate family or a distant relative. It could also be someone who is caring for you but who is not actually related to you.
Your ‘next of kin’ has no legal status and cannot make decisions on your behalf unless they are also your nearest relative.
The AMHP must follow the guidance set out in the act to identify your nearest relative and work with them.
If you do not have a nearest relative and would like someone such as a friend to take on this role, the AMHP will explain what you need to do.
The nearest relative has the right to:
- get information about the assessment under the act;
- be involved in your care and treatment (as long as you agree to this); and
- get information about plans for your discharge from hospital (as long as you agree to this).
The nearest relative has extra rights if you are detained in hospital under the act.
Will the police be involved?
The police are not usually involved unless the assessment has taken place at a police station, or a court has issued a warrant to gain entry to your home. In some cases, the police may be called to support the people carrying out an assessment, to prevent violence or public disturbance.