Dementia - Relative Sectioned.

[HP Mum]

Can anyone help

This is really very important and urgent.

A very close relative has dementia.

Spouse today took relative for a Nhs hospital appointment and “apparently” relative became aggressive – threatened to kill the doctor and spouse !!

 

This, of course, is part of the illness - and also because of a current bladder infection which can cause aggression in anyone. Relative is not normally like this.

 

The trouble is that the hospital Doctor “sectioned” relative.

They will now not allow him out of the hospital.

The specialist doctor, to whom he was aggressive, will now not be back in the hospital until Tuesday.

And it seems they can legally – potentially – keep relative in the hospital for months.

 

I just do not know what to do.

But am trying to be practical and quickly ask as many people as possible I know - who work in the medical and legal industry – how we can extract relative from the Nhs hospital system ?? And back into a known environment with a carer.

 

He is in an open ward surrounded by other mentally ill people.

 

Just last week he was staying perfectly well with family, with a carer, in a normal home environment and loving family surrounding him and helping - and was absolutely fine.

 

Family have Power of Attorney over all affairs and physical well-being.

 

But the hospital have "sectioned” relative under a certain Act, stating that relative turned up at the hospital of “own free will” - despite it being for a regular assessment appointment and not for an admission.

Which seems to infer that family - even with Power of Attorney - can do nothing.

 

At this very late hour trying to research all avenues.

 

Can anyone offer advice on the correct steps to take to very quickly extract relative from this distressing environment.

When compos mentis this is the very situation relative demanded family ensured never happened.

 

Can someone help?

Please. xx

[scotgal68]

Do you know which part of the mental health act he has been sectioned under?

The person who is appointed the 'Nearest Relative' has certain*rights and powers when it comes to the care of the person placed under section, which are set out in the Mental Health Act

 

Who has been appointed his nearest relative?

 

The NR can discharge someone from detention under sections 2 or 3, guardianship or a Community Treatment Order (CTO), but not if the person has been detained after a judge or magistrate have made a court order.

I assume if he was detained during a routine appointment - there was no court order?

I would speak to the persons GP, ask for help to discharge. They should support your request.

There is another route you can go down if your discharge is denied, it's called Depravation of Liberty Safeguards, which are in place to protect Alzheimer's patients. Read up on it, it's a recognised care platform which protects people such as your relative.

You could also ring Dementia UK for advice, I did recently and they were great - 0300 222 1122

Good luck x

[HP Mum]

Thank you

You seem to have been through this too !

I have read the links. I think I need to read them more closely.

It seems relative has been sectioned - by a specialist and a random doctor grabbed within the hospital to suit their requirements. Not relative's GP.

Spouse agreed to let hospital keep relative. Thinking it would be a break for a night - not realising it could be up to 6 months or indefinitely. But no papers signed.

Trying to sort it out now.

Maybe need a friendly psychiatrist ??

[scotgal68]

I don't want to give you the wrong info, but I'm pretty sure that the intial detention under the mental health act, is only for a short period, ie 48hrs or 28 days. They can't detain them for 6 months without further applications. I think the prob is the NR has given her permission and agreed with the DRs that sectioned was the best possible option at the time.

The NR now needs to get the spouse GP on board and also his social worker (get one if they don't have one) to show that he can be cared for at home and that NR is capable, willing and ready to provide that care.

It's big pot of do gooders and know it alls who are all willing to put their tuppence in with not a thought to how it affects families.

 

Spk to Alzheimer's Society, they will give you great advice xx

[BazzaS]

Thank you

You seem to have been through this too !

I have read the links. I think I need to read them more closely.

It seems relative has been sectioned - by a specialist and a random doctor grabbed within the hospital to suit their requirements. Not relative's GP.

Spouse agreed to let hospital keep relative. Thinking it would be a break for a night - not realising it could be up to 6 months or indefinitely. But no papers signed.

Trying to sort it out now.

Maybe need a friendly psychiatrist ??

 

Further to previous replies : which section of the act is your relative currently held under, and which were they initially held under?.

 

To use some Sections, the Dr has to be a psychiatrist, and "approved". Any Dr can use Section 5 (they don't have to be a psychiatrist nor "approved") but ONLY if they are a designated doctor for that hospital, not just an FY2 who has heard of Section 5.

They also cannot use Section 5(2) for an out-patient or someone in A&E : section 5(2) is applicable only for current in-patients.

 

If 2 Dr's were involved in the initial Section, them it may well have been Section 2 (for assessment)

 

However, if your relative was making threats to kill, if only because of the UTI exacerbating their dementia, wouldn't you want them in hospital? If only to get the UTI treated?

Edited April 20, 2013 by BazzaS