839. Meaning of 'nearest relative'.

839.     Meaning of 'nearest relative'.

For the purposes of the statutory provisions relating to compulsory admission and reception into guardianship1, the 'nearest relative' of a patient2 means, subject to certain exceptions3, the person first described in the list of relatives4 who is for the time being surviving5. Where a patient ordinarily resides with or is cared for by one or more of his relatives (or, if in hospital6, he last ordinarily resided with a relative or relatives), preference must be given to that relative or relatives over the other or others; as between two or more