MENTAL HEALTH ACT (NORTHERN IRELAND) 1961

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MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 41



41.(1) The county court may, upon application made in accordance with this
section in respect of a patient, by order direct that the functions under this
Part of the nearest relative of the patient shall, during the continuance in
force of the order, be exercisable by the applicant, or by any other person
specified in the application, being a person who, in the opinion of the court,
is a proper person to act as the patient's nearest relative and is willing to
do so.

(2) An order under this section may be made on the application of

(a)any relative of the patient;

(b)any other person with whom the patient is residing (or, if the patient is
then an in-patient in a hospital, was last residing before he was admitted);

(c)[a social worker];

(3) An application for an order under this section may be made upon any of the
following grounds

(a)that the patient has not a nearest relative within the meaning of this Act,
or that it is not reasonably practicable to ascertain whether he has such a
relative, or who that relative is;

(b)that the nearest relative of the patient is incapable of acting as such by
reason of mental disorder or other illness;

(c)that the nearest relative of the patient unreasonably objects to the making
of an application for admission or guardianship application in respect of
the patient; or

(d)that the nearest relative of the patient has exercised without due regard
to the welfare of the patient or the interests of the public his power to
discharge the patient from hospital or guardianship under this Part, or is
likely to do so.

(4) While an order made under this section is in force, the provisions of this
Part (other than this section and section forty-two) shall apply in relation
to the patient as if for any reference to the nearest relative of the patient
there were substituted a reference to the person having the functions of that
relative and (without prejudice to section forty-two) shall so apply
notwithstanding that the person who was the patient's nearest relative when
the order was made is no longer his nearest relative.

(5) Where an order is made under this section in respect of a patient who is
or subsequently becomes liable to be detained or subject to guardianship under
this Part, the nearest relative of the patient may apply to
the Review Tribunal in respect of the patient within the period of twelve
months beginning with the date of the order, and in any subsequent period of
twelve months during which the order continues in force.

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Northern Irish Legislation

MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 41