[1] It is the duty of the Approved mental health professional to determine who is the nearest relative of the patient and consult them in the process of assessment, treatment or guardianship.
[1] The hierarchy is the first person over 18, although a spouse may be younger, in the following list: husband or wife or civil partner (or those living together as husband or wife or civil partner for not less than 6 months); son or daughter; father or mother; brother or sister; grandparent; grandchild; uncle or aunt; nephew or niece; anyone else living with the person for not less than 5 years.
[1] Under Section 26(5), a person who is ordinarily residing outside the United Kingdom, the Channel Islands or the Isle of Man cannot be considered the 'nearest relative' of a person ordinarily resident within the United Kingdom, the Channel Islands or the Isle of Man.
[1] Section 11(4) of the Act states the 'nearest relative' must be consulted and if they object to detention of the patient, then they cannot be detained, even if the professionals involved in the assessment make the decision to do so.
[1] The 'nearest relative' can relinquish their role by putting it in writing that they wish to delegate to another person, with their agreement, who has not been disqualified from acting as such.