Sample Essay on:
The Mental Health Act 1983; The Nearest Relative

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Essay / Research Paper Abstract

This 16 page paper considers the definition roles and responsibilities of the nearest relative under the Mental Health Act 1983. The considers how it is applied, the impact of the inflexible rule, and uses case law to consider how the law could be improved. The bibliography cites 20 sources.

Page Count:

16 pages (~225 words per page)

File: TS14_TEmharel.rtf

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Unformatted sample text from the term paper:

and the other to protect the individual. In many cases this may be a complex issue, especially when we consider the more vulnerable in society. The Mental Health Act of 1983 replaced the Mental Health Act 1959, and under the 1983 Act we see an allowance for the intervention and role of relatives, however, it can be argued that this is still very limited, and may still not give patients a for level of representation (Laver, 2002). Therefore, the role of relatives can be seen as very important, both legislatively as well as in practice, with strict guidelines laid down as the rights and responsibilities as well as the definition of the closest relative. If we consider the current position regarding relatives and the Mental Health Act 1983 along with the developments of case law then we may also look for ways in which the current situation may be improved. There have already bee some change, however, for any individual that is captured under the remit of the 1983 Act we may argue the role of the relative, or representative, is of great importance, and the trend of change, although already started needs to continue. For example, in the role of the tribunal here may be seen as very different from any other, in most cases in law there is the need to prove a case, however, in Mental Health cases there is a different emphasis on the patient to prove that they are no longer suffering from a mental disorder, the default position is that they are guilty of the charge, and have to prove their innocence. If this were a situation in any other area of the law this is likely to cause an outcry, however, the very individuals ...

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