Advice wanted on being assessed by CMHT, sectioned and forced to sign financial LPA

Law and practice Other
1

I experienced a nervous breakdown after severe stress and 111 was contacted. I explained my symptoms and was told it wasnt mental illness go to the GP. I then suddenly had the crisis team coming down. I had no idea what they were coming for and explained to them repeatedly. They would not give any information but left me with bits of paper with Samaritans number, Saneline etc. It was bizarre and very intrusive. I was then told by one of my family they thought i may have early onset dementia - my family were being questioned and told not to inform me, I was having difficulty managing my bank account and the bank was continuously blocking me, despite me recently receiving an inheritance. I then had three professionals come down and they did a long term memory test which i sailed through very easily.

I thought that was the end of their involvement and then had a social worker contact me introducing herself, she made an appointment to visit me and attended with a lady who had a financial company and said for a monthly fee she could help me unblock my bank, i could come out of the service at any time and there was just a monthly fee. I agreed and was in a terrible state as my bank had blocked all statements, online account access and also had serious problems with accessing my email, i suspected fraud was occuring. I was only asked to sign a basic form to say i was interested.

Six days later paramedics turned up, i was taken to A+E and sent to a hospital in Pottersbar and held there for 28 days. I was completely fine and was only put on vitamin tablets. I was then taken to another hospital, told by two professionals i could go home - i had only been on a section 2. A psychiatrist then came in and said i am placing you on a section 3 you need to sort your finances out. Is that legal?

The social worker contacted me in hospital a second time, said she would do a care assessment and instead turned up with the financial company lady she introduced me to. I was then pressured to sign a general power of attorney under duress, I did not have the capacity at the time to sign it and there was no access to a solicitor. This company is not regulated, they took over all my finances and my recent inheritance and blocked me from all statements and records.

I have only just accessed the records and the company is not regulated and the lady is taking large amounts for her time, when the social worker said it was all inclusive of a monthly fee. I have complained and am scared to come out of the contract in case she takes all my money or just wont given it back. I just managed to get the power of attorney document that was withheld and it gives them permission to take all my money and property.

No financial organisation will help me because they are not regulated and i cannot access a solicitor - its making me very ill. I have been cut off by all my family because i was put on this section and am completely isolated. I find this shocking that i could be abused in this way and its very concerning that the hospital now has opened a memory clinic in which there appeared elderly people with health conditions sectioned as well. All at risk of signing over their money and property.

Please can anyone advice, on top of this my records ive accessed are horrific and there are other people records on my files, I definately do not feel they are secure and appear to be unprotected, there are false reports of things that never happened.

Please can anyone given any advice as to anywhere who could help, i will be made homeless if i cannot access my money back and social services retracted a financial safeguarding report - there is no investigation into where all my inheritance went. The police have also refused to help. I am aware this can happen with a lasting power of attorney but they are governed by Public Guardian, even the public guardian told me to report it to the police, and do a FOI to access statements etc. Please help if anyone has any knowledge of this kind of thing happening to someone in hospital, It leaves the elderly at serious risk at their memory clinic

2

Your situation is very troubling indeed. You have my empathy which I cannot express fully in words on a page.

You have demonstrated great intelligence in the matter. However, you are clearly overwhelmed by the situation and the data you already have. There appear to be roadblocks and dead ends. You are fighting against massive structures and powerful systems. You appear to be seeking direction or avenues for taking action. There are many unknowns and things you do not know about.

Important: Based only on what you have submitted, it appeared that you are currently detained under Section 3 of the MHA.

The title of your post and request contain the word ‘advice’. I am not an adviser in this matter. I owe no duty of care. I do not have complete access to facts. I have reported facts. I may give opinion devoid of any duty of care. This is not advice even if so construed.

It is unclear which records you already possess or from which entities. You can consider making a Subject Access Request to the detaining authority (the hospital or Trust), the local authority, and entities responsible for power of attorney. This is an area where wording is important. When I have assisted patients and relatives informally and unofficially, I usually suggest ‘the totality of all records in any format’ between relevant dates (or something like that). There is much online help on how to make a SAR.

If you did that, you would be provided swiftly - normally a few days - with truckloads of information. You could then seek the assistance of hospital advocates or request and independent advocate (at no cost), to assist you.

Of interest, a single psychiatrist cannot place you on a Section 3. The full process is available online.

Capacity assessments are very important in many aspects of life. You assert that you did not have capacity. Persons or entities who allegedly put you under ‘duress’ would be burdened to prove that you were of capacity and that you were not put under pressure.

The visibility of other people’s records in any information you have received is a serious matter. The Information Commissioner would normally express interest in that. Check online for how serious this is. But keep your energy focused on your own situation first.

If in fact you are on Section 3, you can appeal against your detention and access free legal representation. A sound lawyer will be able to efficiently extract a wealth of information and assist, not just with an appeal but with other matters that cause you so much stress. I am not saying you should appeal. I am simply pointing to one avenue.

You may be busy with thinking about many things. It is important to keep a log of all that happens, if you have not done so already. Pen and paper are good enough but from a secure phone to your secure storage is also good e.g. times and dates, events (correspondence and conversations) who to whom, verbatim notes if possible, your commentary and thoughts. Sometimes people may think that a passing corridor comment may be unimportant but then later on its context emerges as quite important. Your logs made contemporaneously are your sword and shield.

Decide how best to manage worry, sleep, diet and physical movement (exercise). You then take action on those basics for what is within your power.