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MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 40

Assignment of functions by nearest relative.

40.(1) The nearest relative of any patient who is liable to be detained or
subject to guardianship under this Part may assign his functions as such under
this Part to any person (other than the patient) who indicates in writing his
willingness to exercise those functions.

(2) Any person who wishes to assign, under this section, his functions as
nearest relative under this Part shall give notice of the assignment in the
prescribed form to the responsible [Health and Social Services Board].

(3) On the receipt by the responsible [Health and Social Services Board] of
the notice referred to in sub-section (2), the provisions of this Part shall,
subject to sub-section (4) of section forty-one, 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 to whom the nearest relative
has assigned his functions under this Part and (without prejudice to sections
forty-one and forty-two) shall so apply notwithstanding that the person who
was the patient's nearest relative at the time of the assignment is no longer
his nearest relative.

(4) Where, under this section, a person assigns his functions as
nearest relative under this Part, the following provisions of this Part shall
not apply in relation to the person to whom he has assigned his functions,
that is to say

in section forty-one, paragraph (a) of sub-section (3);

Appointment by county court of acting nearest relative.



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