Nearest relative and nominated person
Who gets a say in my care?
Under the current law, a “nearest relative” is chosen for you from a list. The Mental Health Act 2025 will let you choose a “nominated person” instead, once that part of the law starts.
Being checked by an independent advocate before it goes live.
The short version
- Today, your nearest relative is picked by a set order in the law, not by you. They have some rights about your detention.
- In some cases you can apply to court to have your nearest relative changed.
- The new law replaces this with a nominated person you choose yourself. It starts in stages, not all at once.
- You can write down now who you would choose, so you are ready.
What you can do
- Think about who you trust to speak up for you.
- Record your choice in your Ownsay plan.
- Ask an advocate if you are worried about your current nearest relative.
This is general information about the law in England. It is not advice about your own situation. For that, speak to an independent mental health advocate or a solicitor who specialises in mental health law.
