The role of nearest relative is complex and often misunderstood. This handbook offers an expert legal analysis of the role, the powers it carries and the limits of those powers. When a person is subject to the Mental Health Act 1983, many of his or her principal rights are taken away. It is the function of the nearest relative to compensate for that loss. This very accessible book explains how the nearest relative is identified and what the role can involve, and it contains a wealth of case examples and illustrative scenarios. The book provides a succinct discussion of each significant case, and it incorporates all the very latest changes to the Mental Health Act and looks at areas where further changes might be made. "The Nearest Relative Handbook" is the first full-length reference work to tackle this subject systematically and comprehensively. It will be an invaluable aid to those who find themselves in a professional relationship with a nearest relative, to those who are or wish to be a nearest relative, and to anyone needing to make sense of the relevant statutory provisions.
Table of Contents
Introduction. 1. The Recent History of the Nearest Relative. 2. The Nearest Relative of an Adult. 3. The Nearest Relative of some Minors. 4. Ceasing to be the Nearest Relative. 5. Admission and the Nearest Relative. 6. Supervised Discharge and the Nearest Relative. 7. Discharge and the Nearest Relative. 8. The Nearest Relative and the Mental Capacity Act. Appendix One. Statutory Extracts. Appendix Two. Other Materials. Appendix Three. Specimen Document. Appendix Four. Table of Cases. References. Subject index. Author index.
David Hewitt is a solicitor and a partner in Hempsons, where he specialises in mental health law. He was a member of the Mental Health Act Commission for nine years until 2005 and now holds visiting fellowships at Northumbria University and Lincoln University. He is a President of Mental Health Review Tribunals and sits on the editorial board of The Journal of Mental Health Law. He appeared as a witness before the joint Parliamentary committee on the draft Mental Health Bill of 2004 and has also given evidence on the substantive Bill.