Mental Health Act 2015
128Meaning of affected person
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128 Meaning of affected person (1) In this Act: affected person, in relation to a forensic patient, means a person who suffers harm because of an offence committed, or alleged to have been committed, by the forensic patient, and includes— (a) a person (the primary affected person) who suffers harm— (i) in the course of, or as a result of, the commission of the offence; or (ii) as a result of witnessing the offence; and
(b) a family member of the primary affected person who suffers harm because of the harm to the primary affected person; and (c) a person who is financially or psychologically dependent on the primary affected person and who suffers harm because of the harm to the primary affected person; and (d) if a person mentioned for this definition is a child or legally incompetent person—a guardian of the child or legally incompetent person. Note An affected person may also be entitled to information and assistance as a victim of crime under the Victims of Crime Act 1994. enduring power of attorney—see the Powers of Attorney Act 2006, section 8. guardian means— (a) for a child—a parent, a legally appointed guardian of the child or someone else with parental responsibility for the child under (Parental responsibility); or (b) for a legally incompetent person—a person who is— (i) a legally appointed guardian of the legally incompetent person; or (ii) an attorney, appointed under an enduring power of attorney that has become operative, for the legally incompetent harm includes 1 or more of the following: (a) physical injury; (b) mental injury or emotional suffering (including grief); (c) pregnancy;
(d) economic loss; (e) substantial impairment of a person’s legal rights. legally appointed guardian means a guardian under the Guardianship and Management of Property Act 1991. legally incompetent person means an adult who is subject to— (a) an enduring power of attorney that has become operative; or (b) a guardianship order.