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.

3

Thank you so much, I am so grateful for your response. I was discharged from hospital with no diagnosis or long term memory problems but complained and now am complaining against the multiagency safeguarding procedure, in which derogatory info on records has been passed to every agency, there was no assessments, involvement of myself. A complete violation of rights to privacy and investigations which are futile in the event that i have completely fabricated reports. Etc. the ICO refuse to get involved but what this means is you have no human rights and they write and edit the records and withhold them. You are also recorded in hospital. Going through investigations and them and the ICO refusing to correct means i am being gaslighted with false information which is really damaging. It violates privacy, family autonomy and even though i can prove what i say there is no one listening. I dont know how long this battle is going to take but every night i wake up and hope i dont wake up the next morning. I am having a severe smear campaign against me presently, but i have to try and fight this. If they can do this to someone who merely became vulnerable after years of stress and broke down - then they can do this to anyone and destroy every aspect of your life, family, your right to autonomy and take any finances you have. I am attempting to go to the ombudsman only they take on few cases now and many people say, it is a very poor service in which it often results in no justice. All i can say is never let any professional into your home and ensure you record all conversations i didnt and was too trusting. Thank you for your reply i am left completely isolated and all my family cut me off, so just having one reply i am sincerely grateful for.

4

I read all of your response. As you will appreciate, I do not know the body of evidence you refer to. So that makes it difficult to form focused opinions.

You’re not in a battle. I suspect it’s a war. I do not know that you are suicidal but my colleagues will infer from your words that you are.

One thing is certain factually: you have to be alive and kicking to fight!

Never back down! youtu.be/xy921Pn3lhA Some people think its “devil music” without even knowing the words: genius(dot)com/Two-steps-from-hell-never-back-down-lyrics [A power restricts me from posting links]

If you stop fighting, they win! You just cannot let that happen. I don’t want that to happen. Fight with all your might - whatever it takes; always within law and conventional morality (sorry to say the last part which is more for the politically correct, not you).

Prevail for a cause greater than yourself. Charge forth!

5

One other thing: As you were on Section 3, S117 discharge arrangements are a must.

As far as I am aware - and my own standards - patients are normally part of their discharge planning and must have a written copy of the plans. Obviously, as some will realise, what I do is very different at times to what ‘other people’ do. That’s why I end up in trouble so much - even when following ‘written national standards’.

Diagnosis is totally irrelevant if absent form the S117 record. But wait - it would be strange for someone to be put on Section 3 for treatment of no named medical condition (i.e. diagnosis).

6

well the only thing i did have was an Autism diagnosis which is not acknowledged and complex ptsd from abuse. I did attend a meeting in which i was told i was being discharged and also told there was no diagnosis or long term memory problems. I complained as all access to my data was refused. I was told by the psychiatrist i was being put on a section 3 to sort my finances out. I did not sign a LPA i was forced to sign a general power of attorney, misspelt and giving access to all my finances and property. It is not recognised by the public guardian and is an unregulated company however commissioned by the local authority for years. If they take your money you cannot access it back. This is what you get when you combine Mental Health Team with Social Services. Theres no where to turn to for help if its taken i cannot do anything. I think what has happened to me indicates this is not about helping people who are very vulnerable, suffering from mental illness or elderly and frail its taking everything youve got.

7

I don’t mean to pry. This sounds confusing to me. You said no diagnosis. Now there are two diagnoses. This leads to 2 immediate possibilities: 1) you were previously diagnosed with those two and 2) you were not diagnosed with the one or both of the two, for treatment purposes when detained under S3.

I’ve not encountered situation 2) in my entirely 30 odd years of psychiatric practice, but I’m always open to the new events everyday - nothing surprises me any more.

That’s a very new one for my book of experiences. Never heard of such a treatment purpose without an underlying recognised/diagnosed mental disorder. [mental illness as a term doesn’t exist for me under the MHA 1983 but it does for almost everybody else].

‘Psychiatrist’ does not figure much in my mind when there are legalities - as always with detention under the MHA. It’s about two things for me: 1) whether the individual is the Responsible Clinician or an Approved Clinician in charge of your care, telling you whatever.

That’s also very new to me. There is one tight exception that can be made legally to withholding data consequent to an SAR (no details here but AI assistance can find it for you). I would expect that if an exception was made and data withheld then that would be stated in writing.

There is somewhere to turn to for help. It’s you! You want action, then you knuckle down and get working - unless some condition I am unaware of causes you a relevant cognitive disability. So far you have demonstrated sound abilities cognitively.

Yes. 100% correct.

For people who I do help by not advising, I remind them of one thing, “Nobody is coming.” This is not a ‘kick up the backside’. It is reality cold and harsh, for many people sharing your similar sort of situation.

Pen > paper > lists > strategy > focused carful research of public information > goals > goal directed action > would produce results for most people.

You have a spirit to persevere. You cannot let them win. If you do nothing they win, when you have said that you have been wronged.

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Thank you for your replies. I will do my very best to address this, it is very difficult as i do have a cognitive impairment I have to address as an adult. I had no awareness as a child I had expressive and receptive language problems and did not process spoken or written text in the mind - there was just no processing in the brain. However i did see what was happening briefly as a child on one occasion and appeared to be unable to join words together, despite learning word recognition. What i have to do is very difficult, I have to bypass memory harm from birth and ensure it is held on my long term memory. Doing this however is impossible when your under severe stress. No one would be able to address all the issues with in the required time scales. I am in serious trouble as unauthorised payments are being taken from the small amount held by general power of attorney , i will be made homeless if they do not return the money if i revoke it. Social services also retracted financial safeguarding when i was discharged without my knowledge so i have no support or reports that investigate the fraud, transfers etc which may impact me on accessing benefits in the future - Not one agency can advise me as the general power of attorney is unregulated but been commissioned by the local authority for years. How can i address the financial mess i am in plus complain about how i was accessed and sectioned for a nervous breakdown and all that social services have done. It appears to me as though i was just accessed after receiving my inheritance - where as then multi agency involvement meant false data is passed to everyone which can never be sorted out it appears and i am shocked at the derogatory information written in the records - if i was a professional i would be embarrassed to write what some have written - it is what you would expect from an internet troll, I was always respectable to all the professionals who visited me at home and appeared to be discharged by them after a long term memory assessment also confirmed no issues. I hope i can somehow protect myself otherwise i will shortly be homeless and destitute. I cannot believe this is being done to me as recently i was found to have a tumour on my lung and in my neck, so they are aware i have health issues. All i can say is if this is how humanity is turning out to be they maybe i am better off not here. Thank you for your support it has been greatly appreciated.

9

I read all of your post. Notice something? Nobody else is responding to you in this thread?

I don’t care who you are or what your issues are or your history. Why? I have no clinical or other duty of care to you. I have generated ideas for you to consider.

I deal with what is on the page and no harbour no underlying ‘ideas’ about you.

Cognitive impairments or even disability does not mean that a person cannot function adequately.

In this thread you have taken your time, formulated your thoughts and expressed yourself pretty well. Therefore I can reasonably infer that you can do the same in other domains.

I mapped out a broad goal directed strategy. It’s up to you if you want to work it within your range of impairments. It may take longer but you can get there to your goals, howsoever you define them.

This will be interpreted by many as suicidal or bordering on suicidal. If such interpretations would match your reality, then you need assistance of a different kind.

I am cautious not to inadvertently add to your burdens.

10

I apologise, I am very grateful for your help. Its just when you are going through being degraded and bullied by these organisations it is really traumatising and intimidating. I guess inner strength has to come from yourself, only i think they have virtually destroyed every aspect of my life and my family they even appear to have re written my past as a human being, my whole life and why to ensure they are right and to take every penny i have, including all my belonging from my flat whilst in hospital and make sure i never recover after complaining. Well if they do manage to push me over the edge it will only be a case of ‘meetings to see what they can make sure they do right next time’ and i would not be the first and definately wont be the last - they never learn. Good old […] Trust. They are no longer providing services for the public, they are corporations with highly paid managers, who will stop at nothing to ensure they stay in their high paid jobs even if it costs a life. Anyhow, thank you for all your support and excellent advice - I wont post anymore, I was just hoping there must be something i could do, but i think there are too many changes needed to mental health law, there is no one reinforcing the law and if the ICO refuses to even send a notice to the organisations if they dont send your data after 6 months then i am afraid you cannot win.