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Enduring Power of Attorney

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  • 27-06-2014 11:12am
    #1
    LoopyL
    Registered Users Posts: 99 ✭✭


    Hi,

    Is it possible to get an enduring power of attorney over a family member who has mental health and addiction issues in order to have them attend rehab without that persons consent?

    I assume legal documents would need to be drafted and brought to court to have a judge rule on same and any Solicitor would be able to draft the documents required.


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    #2
    coylemj
    Registered Users Posts: 25,327 ✭✭✭✭coylemj


    That's not what power of attorney is about and even if it was, the person can go to the rehab sessions, sit in the room and simply refuse to participate so what's the point?

    Rehab requires 100% active participation, anything less makes it an exercise in futility. Sorry but you're clutching at straws here.


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    #3
    sam34
    Closed Accounts Posts: 8,073 ✭✭✭sam34


    LoopyL wrote: »
    Hi,

    Is it possible to get an enduring power of attorney over a family member who has mental health and addiction issues in order to have them attend rehab without that persons consent?

    I assume legal documents would need to be drafted and brought to court to have a judge rule on same and any Solicitor would be able to draft the documents required.

    Not a hope. You cannot use power of attorney, the mental health act or any other legislation to force someone into alcohol/drug rehab.


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    #4
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    LoopyL wrote: »
    Hi,

    Is it possible to get an enduring power of attorney over a family member who has mental health and addiction issues in order to have them attend rehab without that persons consent?

    I assume legal documents would need to be drafted and brought to court to have a judge rule on same and any Solicitor would be able to draft the documents required.

    You should check out the Ward of Court procedure, although it isn't clear if there is an issue about the person's mental capacity. What would two doctors have to say on the subject?

    http://www.courts.ie/offices.nsf/0/19111E254B2EF547802573D2006CCF26?OpenDocument


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    #5
    sam34
    Closed Accounts Posts: 8,073 ✭✭✭sam34


    Ward of court system is there for when someone is incapable of managing their affairs- mostly financial assets- due to mental incapacity. It's not a piece of legislation to force someone into drug rehab.


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    #6
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    Courts can give consent to medical/surgical precedures etc. for Wards of Court.

    I don't know if there is a mental capacity issue in this case.


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    #7
    sam34
    Closed Accounts Posts: 8,073 ✭✭✭sam34


    If someone was incapacitated enough to be a ward of court it's extremely unlikely they could engage in a drug rehab programme.


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    #8
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    I don't know about that so I'll take your word for it.

    It is possible for somebody to be made a Ward of Court and then subsequently recover enough to be discharged from Wardship.
    How to apply to be discharged:
    A Ward may request the Court to discharge him from Wardship.
    This request must be made to the Officer in writing by the Ward
    or by a solicitor on his or her behalf. The request should be
    supported by medical evidence that the Ward is now mentally
    capable of managing his or her affairs. The Court will consider
    the request on the basis of the medical evidence provided and
    may require a further medical examination.

    Therefore, perhaps it is possible that a person could lack capacity, be made a ward of court, be sent for treatment, recover, and be discharged from Wardship.

    This is just supposition now.


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    #9
    sam34
    Closed Accounts Posts: 8,073 ✭✭✭sam34


    I deal with wardship issues and the mental health act every day at work, I'm a psychiatrist, - I can tell you now there is no way that wardship can be used as a means of forcing someone into drug rehab. It is not the purpose of the office of the wards of court.


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    #10
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    I'll have to concede the point!


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