Friends and family
What powers do my family have?
Under the Mental Health Act you have a 'nearest relative' who will be involved in decisions about whether you will be detained. You do not get to choose your nearest relative. They are the person in a way that is described in the Mental Health Act. Your nearest relative may change over time as your situation changes.
If you or your nearest relative are both unhappy about them taking on this role, they can write a letter naming someone else to act as your nearest relative. They should tell at least one of your doctors or other people responsible for your care. The nearest relative can also change their mind at any time about whether someone else should take on this role, but they need to do this in writing.
What can my nearest relative do for me?
They have several powers and responsibilities:
- They can apply for you to be admitted to hospital.
- The approved social worker must tell the nearest relative if they have applied (or are applying) for you to be detained under section 2.
- The approved social worker must talk to the nearest relative if they plan to detain you under section 3 (unless it is not practical to do this, or it would cause an unreasonable delay). Your nearest relative can object to the application to detain you. However, the approved social worker can ask the court to appoint someone else as your nearest relative if the objection is unreasonable.
- They can apply for you to be discharged from hospital. Although the doctor in charge of the treatment can stop this
Can my friends and family visit me?
You have the right to visits from your friends and family. If the hospital or doctor don't think you should see your family, they must have a very good reason to do with your health or safety to stop you. If you are stopped from having visits, this decision should be recorded and the record of it should be made available to the Mental Health Act Commission.
How can I find useful information on this web site?
If you are a friend or family member of a person with bipolar disorder, you may find our 'Carers, friends and family pathway' a useful place to start finding relevant information on this web site.
