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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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Hi I am going jump right in and let you know that I have

Resolved Question:

Hi
I am going jump right in and let you know that I have a psychological condition which the consultant in charge of me is suggesting is Bipolar disorder. I was diagnosed in 1992 with Schizophrenic disorder, but he is inclined to change the diagnosis after all this time. I am an IT professional with a good job, my own house and a dog who loves me :) I also have two cars and a motorbike. All this is just background to give you understanding that I have a good life and am happy and sustaining my lifestyle in these relatively hard economic times.
The problem is currently my parents are in Australia, and I have a feeling my brother (whom is rather estranged from me at present) is going to be in the country for my sister in laws birthday next week or so.
Let's say that my brother wants me committed (this is supposition on my part I have to admit because he has not said straight up to my face) and he is the eldest member of my immediate family in the country, can he sign the section papers to have me committed?
I have a Psychiatric appointment quite soon, before my parents return, and possibly whilst he is still in the country. He lives abroad in Dubai and his wife lives nearby in England.
I live in fear of being sectioned as I was sectioned back in 2004 and the hospital they send you to is full of recovering heroin addicts. Not an environment I feel particularly comfortable in. I think my brother convinced my parents to sign the section papers back then too, "to teach me a lesson". It certainly taught me to not get sectioned again.
Is there some way I can put a retainer of £5k or so into a lawyers bank, and call them up if need be to help get me un-sectioned?
Apologies if I am rambling a bit, it is my way.
I look forward to your comments.
Kind Regards
David MSc, MBCS
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.
LondonlawyerJ :

Hello I am a solicitor with over 15 years experience I will try to help you with this.When you were sectioned in 2004 was that an assessment section or a treatment section and how long were you detained for? Your Doctor may be about to change your diagnosis (not that unusual in psychiatirc illness) do you know what the new diagnosis will be and do you think your health is deteriorating?

LondonlawyerJ :

I am in and out of court his morning but will answer you as soon as I can after getting a reply to my further questions.

Customer:

Hello

Customer:

My health is not deteriorating. My new diagnosis is likely to be Bipolar disorder. In 2004 I was detained for 3 months and they came to my house to section me. 2 doctors, 1 social worker, 1 CPN and a policeman. I think it was a treatment section. I agreed to go into hospital for 3 days and when I got in it extended to 3 months.

Customer:

I am just worried every time I have a psych appointment that they would slap another section on me and would like to prepare for that eventuality, as I am functioning well otherwise.

LondonlawyerJ :

In order for you to be sectioned whether for an assessment or for treatment there needs to be an application by either an approved mental health professional or your closest relative. Whichever of those 2 makes the application must have seen you not more than 14 days before making the application. They also need you t have been seen by 2 Doctors one of whom is Mental Health Act approved.

So your brother who Is not your closest relative would not be able to sign anything leading to you being sectioned.

Also, if your health is stable as seems to be the case there should be no risk of your being sectioned. You are known to Mental Haleht services and a change in diagnosis from schizophrenia to bipolar disorder is very unlikely of itself to necessitate a section.

If you follow this link you will find a lot of good clear information on Mental Health sufferers and the law. http://www.rethink.org/living-with-mental-illness/mental-health-laws/mental-health-act-1983/sections-2-3-4-5.

I hope that this answer is helpful but if you have any further questions then please feel free to ask.

LondonlawyerJ and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hello

Thank you for your answer. I do have a question.

When you say "Seen". Does that include a telephone appointment? Possibly recorded on their end with another Dr present, but not disclosed to the patient.

My next appointment will be within two weeks of such an appointment.

And would my next closest relative if not my brother be my Uncle or Aunt on my mothers side?

Sorry if I am being pedantic.

David

Expert:  LondonlawyerJ replied 3 years ago.
Seen does not include a telephone call. I doubt they are close enough relatives and they would need to be in regular contact with you to be of use. If your health is stable you really don't have anything to worry about. Bipolar is usually considered a less serious condition than a schizophrenic disorder.
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