Hello Pam,
That’s great, helping me a lot with this information! I only have EPA for property/finance not LPA for welfare/health. Mum on Section 3 at moment and in hospital so don’t know if could arrange for solicitor to do new LPA for welfare/health whilst in hosp. AJM
I think if she has been sectioned under s3 it will be difficult to now get an LPA as her mental capacity won’t stand up to scrutiny. I am not to sure about this so cannot advise. I suggest you ring a solicitor/citizen’s advice and get some free adice…
I think maybe you could go to court and ask to be a court appointed deputy ?? again not 10%£ sur.
e
https://www.bma.org.uk/media/1850/bma-best-interests-toolkit-2019.pdf has info on this.
Hi AJM
Aftercare is free and as you have a s3 on Mum will remain so until she doesn’t need it any more.
Choice of accommodation provider rights are extended to s117 patients, in placement mode The comparable rate for the calculation of a top-up is done by reference to the council’s usual rate, because there is no entitlement to a personal budget for an s117 patient as they are not receiving services under the Care Act. The client or a relative or any third party can pay the top-up, even though the principal part of the package for the meeting of need is paid for by the State.
Choice agenda and top up payments:
Section 75 of the Care Act inserts a new s.117A into the MHA which permits the Secretary of State to make regulations that allow a s.117 patient to express a preference for a particular type of accommodation where the accommodation is being provided by a local authority discharging the s.117 duties.
117
Patient requires specialist, enhanced accommodation – i.e. “accommodation-plus”; and
That requirement arises from or is related to the patient’s mental disorder for which he was detained under a Qualifying Detention; and
The accommodation-plus reduces the risk of:
a. The patient’s mental state deteriorating; and
b. The likelihood of the patient requiring re-admission to hospital for treatment of his mental disorder.
The introduction of patient choice for s.117 aftercare accommodation
Section 75 of the Care Act inserts a new s.117A into the MHA which permits the Secretary of State to make regulations that allow a s.117 patient to express a preference for a particular type of accommodation where the accommodation is being provided by a local authority discharging the s.117 duties.
sorry forgot to send this
https://www.bevanbrittan.com/insights/articles/2017/section-117-aftercare-services-article-3-accommodation/
Also if you want your Mum to come home have a read of this, tells you about a personal health budget to help you with carers etc.
This is useful too.
Hello Pam, Thanks so much for your help and information. I’m going to spend some time getting familiar with it all and whatever else I can find out. Will be in touch. AJM
You’re welcome It is a minefield out there. I just google everything I’m not sure about even medical terms, medicines, law anything that will make it easier to deal with the SW’s etc Good luck
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