mother has alzhiemers - doctors would like to section her power of attorney is pending will this be affected??

Question

doctor would like to section mother under a " section 3 " of the mental health act, power of attorney is being processed not yet complete solicitor reckons approx 5 weeks. If mother was sectioned what would happen to power of attorney

Answer 1

Its a tricky one. If she is being sectioned because of mental incapacity, then legally she does not have the capacity to sign the power of attorney in the first place.

I guess it depends on the route by which you are obtaining the power of attorney. If it is simply her signature on a document, then I assume it would be open to legal challenge. If your solicitor isgoing through the courts to obtain her power of attorney for you on the grounds that she is not competent, then the section order would have no effect as it is on the same basis as the power of attorney.

My sympathies to you - alzheimers is a terrible disease in anyone, particularly a loved one.

Answer 2

Whether your mother is sectioned or not she would be regarded as incapable of looking after her own affairs. When you sorted the papers for power of attorney you would have had to make this clear at the time. If your mother had been capable at the time of the original 'claim' then you would have gone for enduring POA. Clearly your mother's condition hasn't deteriorated that much in such a short time so it shouldn't pose any further problems.

Answer 3

What is the hurry for getting a power of attorney?

Except maybe that someone wants to get all her properties real fast.

The first concern of her family should be the welfare of the person with alzhiemer, give her the best care, medicines, company. And when God wants it, her family can distribute her goods.

Answer 4

I would strongly suggest that you seek professional guidance over this issue.

So sorry to hear about your mothers alzhiemers it can't be an easy time for you or your poor mother. Even though she may not be aware what is happening to her it is comforting for you to know that she is going to be cared for by professionals who will care for and look after your mother in a sympathetic way.

All the best to you. And age doesn't come on it's own does it.

Answer 5

HERES SOME INFO IVE FOUND YOU ABOUT SECTION 3 OF THE MENTAL HEALTH ACT OK, HOPE IT HELPS.

A Section 3 allows a person to be admitted to hospital for treatment. It must be "necessary for your health and safety or for the protection of other peoples that you receive such treatment and it cannot be provided unless you are detained under this section".
In addition, you must be suffering from one of four specific categories of mental disorder:

mental illness, severe mental impairment, psychopathic disorder or mental impairment

In addition the mental disorder must be of a nature or a degree that requires treatment in hospital in the case of psychopathic disorder and severe mental impairment the proposed treatment should be "likely to alleviate or prevent a deterioration" of the condition.

You can be detained under a section 3 if you are well known to the psychiatric services and there is little need for assessment, or following a section 2.

HOW LONG CAN SOMEONE BE DETAINED FOR.

You can be detained for up to 6 months, but does not necessarily mean you will be. A section 3 can be renewed for a period of 6 months, and then for further periods of one year at a time.

A section 3 can only be renewed if you have been seen by the doctor responsible for you care in hospital (Responsible Medical Officer (RMO) during the 2 months preceding the date at which your section 3 is to run out. A section 3 can be renewed if the original criteria still apply and treatment is likely to "alleviate or prevent a deterioration" of your condition. In cases where you are suffering from a mental illness or severe mental impairment but treatment is not likely to alleviate or prevent a deterioration of your condition, detention may still be renewed if you are unlikely to be able to care for yourself, to obtain the care that you need or to guard yourself against serious exploitation.

WHAT ARE YOUR RIGHTS UNDER SECTION 3.

You should be given a leaflet 7 by a member of the hospital staff which explains your legal rights. You have the right to appeal against detention to a Mental Health Review Tribunal once during the first six months of detention, once during the second six months and then once during each period of one year. You also have the right to apply for discharge to the Hospital Managers at any time whilst you are detained.

CAN SOMEONE BE TREATED AGAINST THEIR WILL.

Under a section 3 you do not have the right to refuse treatment. this can include taking blood samples required in order to administer some drugs. Some treatments, however, cannot be given to you without your consent unless specific criteria are fulfilled. These treatments include psychosurgery, and electro-convulsive therapy (ECT). For more information on these circumstances contact the Rethink National Advice Service. If you are unhappy about the treatment you are receiving you should talk to your named nurse or psychiatrist. A mental health advocate may be able to help you put your case.

WHO CAN DISCHARGE THEM.
You can be discharged from a section 3 by:

the doctor responsible for you care in hospital (RMO), the Hospital Managers at a Hospital Managers hearing, the nearest relative, the MHRT.

what sort of aftercare can I expect?
The Mental Health Trust and Social Services department must provide you with aftercare services under section 117 of the Mental Health Act.

Answer 6

If your mam has not made a will,it will either go to your dad or the eldest of your family.My dad was sectioned in a day against our wishes.Took us over 3 months to get him out,mam had power of attorney.If you think there is going to be problems with family
have a word with your solicitor.Believe me there is nothing worse than families when money is involved.Good Luck
PS/ Writing from experience

Answer 7

WOULDN'T THE SOLICITOR KNOW THE ANSWER TO THIS QUESTION??