When does Section 2 become Section 3

Discussion in 'Legal and financial issues' started by Juliem61, Oct 13, 2015.

  1. Juliem61

    Juliem61 Registered User

    Oct 13, 2015
    23
    Hello All,
    I am new to the forum and apologise if I have posted in the wrong place but I would really appreciate any advice people can offer.

    My dad, who has dementia, was recently admitted to hospital for a mental health assessment as he was misidentifying his wife and often becoming aggressive nod violent.

    He has been in hospital for 3 weeks and, today, I was told by the doctors that he will not be allowed to return home and, after another couple of weeks in hospital, he will be going to a care home.

    I assume that he went into hospital under section 2 but can anyone tell me whether this will automatically become section 3 after he has been in hospital for 28 days, and whether his care when he leaves hospital will be NHS funded?

    Thanks for any advice or information offered.
     
  2. Cat27

    Cat27 Volunteer Moderator

    Feb 27, 2015
    9,769
    Merseyside
    I can't answer your question but just wanted to say welcome to TP :)
     
  3. Juliem61

    Juliem61 Registered User

    Oct 13, 2015
    23
    Thanks Cat.

    It's very much appreciated.
     
  4. jaymor

    jaymor Volunteer Moderator

    Jul 14, 2006
    12,246
    Female
    England
    Hi and welcome to talking point.

    You say you assume your Dad was sectioned. Not everyone entering hospital for a mental health assessment is sectioned. Some go in voluntarily. You need to know if there was a sectioning order.

    My husband stayed in an assessment unit for 9 weeks before he moved into a nursing home. He was not sectioned.

    Your Dad does not have to be sectioned for you to ask for CHC funding. It will depend more on his health needs than his basic care needs but it is always worth asking for an assessment.
     
  5. Juliem61

    Juliem61 Registered User

    Oct 13, 2015
    23
    Thanks Jay,
    He was taken into hospital after the police being called because of a violent outburst. They said at the time that if he didn't go in voluntarily then he would be taken in by force. This is what made me think he'd been sectioned.

    Also, now that the doctors have said that they won't sanction his return home, I am hoping that he will be entitled to ongoing nhs care as his elderly common law wife lives in their home that he owns.

    Thanks again for your response Jay. If you have any more advice it would be gratefully received.
     
  6. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,419
    So the big question is: did he go voluntarily? You're going to have to find this out first. Your best best is to simply ask the doctors.

    I have to say, it rather sounds as if he wasn't sectioned. Were you there? Was there a doctor in attendance? Did your father's partner get given any paperwork?

    But all is not lost even if he wasn't. For a start he may well be eligible for NHS CHC. It sounds as if his presentation and the behavioral issues associated with are complex, and complex/variable and ongoing are strong pointers in favour of CHC funding. And even if he isn't as his partner (even if not married) lives in his home, that will be disregarded for the purposes of paying for care.
     
  7. Juliem61

    Juliem61 Registered User

    Oct 13, 2015
    23
    Thank you so much Jennifer. I was there and he did go in voluntarily. He and his partner have lived together, in their current home (owned outright but only in his name) for 30 years and it is a big relief to hear that she will not be expected to fund his care/sell their home.

    I only found out today that he will not be able to return home, so still in a bit of shock as he has improved so much in hospital but I will look in more detail at the criteria for CHC funding.

    Thanks again.
     

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