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Legal matters

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What do solicitors do with clients with obvious MH problems?

8 replies

SolidGoldBrass · 15/08/2010 21:50

I have a friend who is currently quite ill (paranoid delusions). She is convinced that she is being stalked and harassed by loads of people, and says she is going to take legal action against the stalkers. Will a solicitor just take her money, or do they have some kind of obligation to contact MH services on her behalf? Or will they be able to steer her to some kind of appropriate help?
I am trying to steer her into going back to her Doctor or contacting the crisis team again, but she is very very resistant to the idea that the stalking is not happening (It is possible that her neighbours are at least giving her nasty looks and/or banging on the wall now and again, but the level of stuff she is claiming to be a victim of is just not possible ie no matter where she goes people follow her and talk about her and strange cars try to run her over or (when she's driving) ram her off the road.)

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whomovedmychocolate · 15/08/2010 21:55

In general solicitors will have one or two people with MH problems a month IME - once they realise the receptionists tend to listen politely and send them away.

Spero · 15/08/2010 21:56

If the solicitor has serious concerns that your friend does not have the capacity to give instructions due to her mental health issues, but she wants to take legal action, she should be referred for assessment; if she doesn't have capacity then she will need a 'next friend' to act on her behalf; if someone doesn't have family or friends who will do that, the Official Solicitor can be invited to act on her behalf.

The test for capacity in legal proceedings is quite specific, she has to be unable to understand and process information sufficiently well to give instructions.

Solicitors aren't qualified to diagnose or assess people with MH problems, I hope they would try to persuade her to see a doctor if she is obviously not well, but I don't think realistically there is much else they could do. I don't think there is much risk they would try to cynically take her money, they could get in a lot of trouble.

From what you say, it sounds like she needs to get help from a doctor.

SolidGoldBrass · 15/08/2010 22:08

She does need a doctor far more than a solicotr and she is recieving some care from doctors (long term depression, on ADs, but the psychosis is more recent) but she is so fixated on the idea that she needs legal help not medical help... I am very worried about her. I suppose I was hoping that a solicitor might be able to steer her to the doctor or something.

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Spero · 15/08/2010 22:13

If you think she would listen to the solicitor, maybe it would be a good idea... but as whomovedmychoc says, if she is obviously unwell, she may just get the brush off in reception without any attempt to steer her elsewhere.

Does she have lucid moments? Could you persuade her then to go get help?

I'm a bit hazy on law about sectioning, but if you are worried she will hurt herself or hurt someone else then presumably you could get some intervention that way?

SolidGoldBrass · 15/08/2010 22:18

She's fairly lucid but any attempt, however careful, to suggest that what she perceives is not happening makes her angry and upset. I don't want to push her too hard in case she decides that I'm on the side of the Enemies.

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bigstripeytiger · 15/08/2010 22:24

Do you think that the GP is aware of your friends problem? If not could you contact them and let them know?

Spero · 15/08/2010 22:25

I'm sorry, can't think of anything useful to advise. If she was lucid enough to know she needs help, then she probably wouldn't need it...

I suppose all you can do is keep an eye out for her.

SolidGoldBrass · 15/08/2010 22:30

I think both the GP and the local MH team are aware that there is a problem, but I don't know if they know the full extent of it ie I don't know how much she tells them. I don't know who her GP is.

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