The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

Selection of assessors – relatives

10.—(1) A supervisory body must not select a person to carry out an assessment if the person is—

(a) a relative of the relevant person(1); or

(b) a relative of a person who is financially interested in the care of the relevant person.

(2) For the purposes of this regulation a “relative” means—

(a) a spouse, ex-spouse, civil partner or ex-civil partner;

(b) a person living with the relevant person as if they were a spouse or a civil partner;

(c) a parent or child;

(d) a brother or sister;

(e) a child of a person falling within sub-paragraphs (a), (b) or (d);

(f) a grandparent or grandchild;

(g) a grandparent-in-law or grandchild-in-law;

(h) an uncle or aunt;

(i) a brother-in-law or sister-in-law;

(j) a son-in-law or daughter-in-law;

(k) a first cousin; or

(l) a half-brother or half-sister.

(3) For the purposes of this regulation—

(a) the relationships in paragraph (2)(c) to (k) include step relationships;

(b) references to step relationships and in-laws in paragraph (2) are to be read in accordance with section 246 of the Civil Partnership Act 2004(2); and

(c) financial interest has the meaning given in regulation 11.

(1)

“relevant person” is defined in paragraph 7 of Schedule A1 to the Act.

(2)

2004 (c.33).