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The legal instrument that is necessary to protect against this situation is a Lasting Power of Attorney (LPA). This permits a specific other person to make deci

The legal instrument that is necessary to protect against this situation is a Lasting Power of Attorney (LPA). This permits a specific other person to make decisions if the subject is deemed to lack mental capacity (that is, diagnosed as insane). Without a pre-existing Lasting Power of Attorney, the NHS may be delegated responsibility for the subject's health - which could include the mandatory drugs that you mention. It really is rather extraordinary that this is the case, but one's next of kin do not have any power or influence unless a LPA has been signed. Edit for exact (albeit heavily abridged) quote from the relevant Mental Capacity Act 2005: (9)(1) A lasting power of attorney is a power of attorney under which the donor (“P”) confers on the donee (or donees) authority to make decisions about all or any of the following— (a) P’s personal welfare or specified matters concerning P’s personal welfare ... and which includes authority to make such decisions in circumstances where P no longer has capacity. ... (9)(7)Where a lasting power of attorney authorises the donee (or, if more than one, any of them) to make decisions about P’s personal welfare, the authority— ... (c) extends to giving or refusing consent to the carrying out or continuation of a treatment by a person providing health care for P.

throwaway7358 3y ago
Unfortunately, according to Mind: "But your health and welfare attorney won't be able to refuse treatment for you if: You’re sectioned under the Mental Health Act in the future, and your treatment is prescribed by the responsible clinician or approved clinician in charge of your treatment at that time. Your attorney will have no legal power to refuse the treatment. This is except for ECT, which they can refuse even in these circumstances. ..." https://www.mind.org.uk/information-support/legal-rights/mental-capacity-act-2005/lasting-power-of-attorney-lpa/#WhatDecisionsCanMyHealthAndWelfareAttorneyMakeForMe https://www.mind.org.uk/information-support/legal-rights/men...
- darkclouds 3y ago
  Thanks, this appears to be useful for end of life as well. Problem is GP's really dont like being challenged in my experience, and its a case of having to write papers to challenge their theories with more recent (< 30yrs) scientific discoveries and studies. In other words, I'd have to throw more recent expert stuff back at them, which is an exercise I dont have time for, but when banged up the movements are seriously curtailed, and access to the internet is seriously restricted to non existent, making it impossible to fight back once inside. Its a Kobayashi Maru in Star Trek terms! Their medicines are shrouded in secrecy in the main, which also makes their judgements harder to fight. When inside you dont even get a patient information leaflet for the meds they "prescribe", its effing dictatorial, Josef Mengele would be proud of the british state today! Dont get me started on the patronisation by staff either!

throwaway7358 3y ago

Unfortunately, according to Mind: "But your health and welfare attorney won't be able to refuse treatment for you if: You’re sectioned under the Mental Health Act in the future, and your treatment is prescribed by the responsible clinician or approved clinician in charge of your treatment at that time. Your attorney will have no legal power to refuse the treatment. This is except for ECT, which they can refuse even in these circumstances. ..." https://www.mind.org.uk/information-support/legal-rights/mental-capacity-act-2005/lasting-power-of-attorney-lpa/#WhatDecisionsCanMyHealthAndWelfareAttorneyMakeForMe https://www.mind.org.uk/information-support/legal-rights/men...

darkclouds 3y ago
Thanks, this appears to be useful for end of life as well. Problem is GP's really dont like being challenged in my experience, and its a case of having to write papers to challenge their theories with more recent (< 30yrs) scientific discoveries and studies. In other words, I'd have to throw more recent expert stuff back at them, which is an exercise I dont have time for, but when banged up the movements are seriously curtailed, and access to the internet is seriously restricted to non existent, making it impossible to fight back once inside. Its a Kobayashi Maru in Star Trek terms! Their medicines are shrouded in secrecy in the main, which also makes their judgements harder to fight. When inside you dont even get a patient information leaflet for the meds they "prescribe", its effing dictatorial, Josef Mengele would be proud of the british state today! Dont get me started on the patronisation by staff either!