Is someone breaking the law?

mc303m

Hello everyone, I am looking for some advice regarding my mothers sister who was sectioned over 1 year ago and still is to this day, the other day i noticed her car parked outside a relatives house, checking online I noticed a new v5 was issued 2 months ago, taking into account that my aunt is incapable of making decisions for herself makes me suspects something isn't quite right, I have also discovered that the son of the relative is applying for deputyship unknown to the rest of next of kin. can someone please confirm if this is legal, or, is someone breaking the law?
thank you so much

mc303m

Let me put it this way, my Mothers sister has no mentally capacity to give permission to anyone to take her vehicle, does anyone else have permission to give a relative permission to remove the vehicle 650 miles away and change the V5, or have they broke the law by doing so,
any advice is truly grateful.
Thank you

elsien

Being on section doesn’t automatically mean she lacks capacity, and she may have capacity for some decisions but not others. 

No clue in the car front, except that if she lacks capacity then there needs to be LPA/deputy/best interests process for any decisions being made.  Is there a reason the son shouldn’t take on the deputy role unless there are safeguarding concerns? Is there someone who may know her wishes better? What relation is the relative/son to your aunt - another sibling/nephew? If she had capacity, who would she be most likely to want to have acting for her? 

Next of kin has no meaning under the Mental Capacity Act. The obligation to inform others about deputyship does not automatically include relatives - from gov.uk
”You must name at least 3 people in your application who know the person you’re applying to be deputy for. For example, their relatives, a social worker or doctor.” 
There is also a mechanism to object but you would need grounds to do so.

Is there a backstory here? If you are concerned that this is a decision she hasn’t been able to consent to then raise it as a safeguarding concern with the professionals in charge of her care. Does she have a care co-ordinator? 

Keep_pedalling

What was her son supposed to do leave it rotting on the driveway? He has become the new registered keeper which is not the same as ownership. 

When someone looses mental capacity with no LPA in place someone needs to apply for deputyship to manage that persons affairs, and it seems appropriate for a son to do this. There is far more over site by the courts on deputyship than there is on a LPA so it is unlikely the son is going to risk abusing his authority. 

mc303m

Ahhh , ok i am sorry there is a misunderstanding, it is not her son, it is the son of a relative, my self and 2 others are next of kin, neither of us are being informed or advised on my Aunts affairs. does the application for deputyship need permission from the next of kin ?

mc303m

N.B.
She has no capacity for decisions

elsien

You can’t make a blanket decision about capacity, it’s time and decision specific.
See my earlier post ref next of kin,
Who is her “Nearest Relative” under the Mental Health Act? Note - that doesn’t confer any additional responsibility for any decisions under the MCA. But professionals are concerned about confidentiality and it can lead them to mainly speaking to that one person.

ETA

If best interests decisions are being made about more important matters such as where she lives when she leaves hospital, then in the absence of a health/welfare LPA/deputy and if she’s not being moved under section then they should be consulting more widely and that could include other relative’s views. 

mc303m

elsien said:

Who is her “Nearest Relative” under the Mental Health Act? Note - that doesn’t confer any additional responsibility for any decisions under the MCA. 

I'm sorry I dont quite understand this part of your reply

elsien

Under the Mental Health Act, the law sets out who the Nearest Relative is, who must be consulted around certain matters to do with the section. There is a hierarchy the professionals have to follow. Information on Mind or Rethink website. 

See edited answer above ref the scope of this. 

Note - this wouldn’t make any difference to decisions not related to the MHA but may explain why one relative has more information than others. 

elsien

I would reiterate that if you do have concerns then raise them with the care co-ordinator or the ward manager. 

elsien

Not what you asked, but this may help to understand how some decisions should be being made.
Mental Capacity Act - NHS (www.nhs.uk)

And the deputyship link.

Deputies: make decisions for someone who lacks capacity: Overview - GOV.UK (www.gov.uk)