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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter, 32, single, has severe bipolar dis and BPD.

Customer Question

My daughter, 32, single, has severe bipolar dis and BPD. Many self harms over 5 years. Each time she is admitted to mental wards she tells doctors she is ok and no more suicidal. So they discharge, only next day to self harm again. Repeat such several times now. I am fearful of losing my daughter. Can I get the law to help me decide solely for her care, admission against her will?
Thanks.
Dr B Pal
Submitted: 8 months ago.
Category: Law
Expert:  Clare replied 8 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What is it that you would like to know?

Customer: replied 8 months ago.
May I have your advice if I can take like a court order to take charge of my daughter's medical matters esp to get mental hospital treatment as an inpatient because she discharges herself after only a day or two as she tells doctors she is no longer suicidal, whereas she has again self harmed herself the very next day. Happened a few times like that. I fear she has not had long enough management. The doctors say they can't keep her against her wish.
Expert:  Clare replied 8 months ago.

Do the Doctors say that she actually has Mental Capacity?

Customer: replied 8 months ago.
that's why they say they can't detain her against her wishes..
Expert:  Clare replied 8 months ago.

Is she ever in a position where she does NOT have capacity?

Customer: replied 8 months ago.
When she harms herself, or when she says she might do something like jumping off a brdge but at these times she is not with a doctor!! Later she says to them she is no longer suicidal but I am ringin you now
Customer: replied 8 months ago.
Will call another time but pl respond to dilemma that she can be suicidal frequently, and self harming often but picture different when with a docotr, thanks.
Expert:  Clare replied 7 months ago.

Has she ever been sectioned?

Customer: replied 7 months ago.
at least twice in last 4 years.
Expert:  Clare replied 7 months ago.

When was the last time?

Would she be willing to sign a Lasting Power of Attorney in your favour?

Customer: replied 7 months ago.
Last was few weeks ago. She wont sign anything like that!
Can you please advise if there are any provisions at all in English law to say I can take decision for her when she is so suicidal that they keep her in hospital even if she refuses ?
Otherwise may I thank you and close this for now?
Thanks
Expert:  Clare replied 7 months ago.

YOU can only do this if you are appointed as her Deputy

Details here

https://www.gov.uk/become-deputy/overview

My concern is that the process can be a long one and given the fluctuating nature of the disability your daughter may well be "better" when the Order finally comes to be made

However the Court of Protection does have other powers that may be of use

https://www.gov.uk/courts-tribunals/court-of-protection

and sadly this is the only potential option you have

Please ask if you need further details

Customer: replied 7 months ago.
Many thanks
Expert:  Clare replied 7 months ago.

You are most welcome i hope all goes well

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