Can someone help me out with the case law on this? A hospital are refusing to provide me with details of the section because there is a PoA.
What is your involvement in the case?
The only case law I can think of would be AMA v Greater Manchester where the UKUT found that a deputy could not appoint themselves as a representative.
Paras 43 to 50 are helpful.
- The extent of what a deputy or attorney can or should be authorised to do under the MHA or in respect of proceedings under the MHA on behalf of a patient by the original order of appointment, or any further order, is outside the ambit of this judgment. Further, as my decision in AM shows, it is dangerous to make general assertions about the relationship between the application of and the roles of persons under the statutory regimes of the MHA and the MCA.
This is a helpful quote. Just because the deputy (or in this case, attorney) can make general welfare decisions, it doesn’t give them the ability to make decisions regarding MHA proceedings.
Thanks Zac- that was the case law I was thinking of. The hospital are refusing to give me details of section so I am just going to appeal with an estimate for section date.
Sorry Barry-I didn’t see your post. I am the patient’s representative- I obtained her discharge last year but she has been re-detained.