You are a member of the Community Mental Health Care Team.
Craig, a known patient to the Community Mental Health Care Team, is currently under a 3 month gaurdianship order (under the Mental Health Act, 1983). A guardian has been appointed to allow for Craig to recieve care in the community, without the use of imposing compulsory powers. A guardian is appointed under the Mental care Act, 1983, which enables the appointed person to have limited powers over decisions on a persons behalf where these decisons are in the patients' best interests (Health & Social Care Information Centre, 2013, hscic.gov.uk) .
Craig is enstranged from his mother and lives with his father, (who has guardianship status). Craig attends the day centre 4 times a week and also sees the Community Psychiatric Nurse (CPN ) at home, at regular intervals. Craig takes a considerable amount of medication for Bi-Polar disorder and associated problems.
following a concerned phone call from Craig's Father, the legal gaurdian, you carry out a home visit , amid concerns that craig has been refusing to take his medication of late and has been absent from the Day Centre in recent days. Craig's father reports that he has tried to persuade Craig into taking his medication but this resulted in defiance and increasing anger.
As the practitioner responsible for craigs care, you also attempt to speak with Craig, who refuses to come out of his room.
Craig's father is adamant that Craig should be compelled to take his medication, and attend the Day Centre but wants to avoid readmission to hospital if at all possible. He asks for advice on how to resolve this issue, in craigs best interests.
What would you do in this scenario ? What powers does a guardian have legally over Craigs treatment options ?
( Adapted from Dimond, Bridgit: Legal aspects of nursing. Pearson, Harlow, UK (2011 )
It is proposed that you inform Craig that he will be detained under Section 3 of the Mental Health Act 1983, for treatment , to compel him to be 'compliant' with his medication regime.