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Derick Bird
> Although this case refers to section 2 of the Mental Health Act, 
> the judgement can equally apply to section 3 having the same 
> principles :
> 
etc.

Helpful info!
I should chime in for anyone wondering, that this does not apply in Scotland, which has rather different 
incapacity laws than England. 
A couple of years ago our Unit became involved with a horrid case involving a young man with Asperger 
syndrome, wrongfully sectioned--over his family's strong objections--after a public "meltdown" sort of 
incident. Because he had been adjuged "incapacitated," he could not talk about his own case with a 
representative or even the press. In fact, he and his family did interviews with a Scottish radio radio station, 
which was threatened with legal sanctions and therefore did not run the story, because he could neither legally 
speak on his own behalf nor request someone else to do so. A Catch-22 situation if there ever was one, 
complicated by the misuse of medication and restraints in the institution to which he was sent, which had no 
knowledge of ASDs and wanted to rediagnose him with and treat him for something they were familiar with. :-0

BTW, Colin, I should also probably say that having an ASD doesn't rule out also having bipolar disorder; in fact, 
people with ASDs have a higher rate of BP, as do their family members. Having that kind of dual diagnosis 
complicates treatment though, esp. re: sensitivity to medications as you alluded to. Lihium isn't necessarily 
contraindicated but would have to be employed with extreme caution (it's not an easy med to use for anyone 
due to the close proximity of effective dose and toxicity, but in people with ASD even the usual guidelines don't 
apply.) 
I hope the info you're getting is helpful for your friend, it sounds like what she really needs is a *lawyer* who 
can force the hospital to utilise best practices and gain her release into supportive, ASD-specific care at home 
as soon as possible.
 Having been involved in a couple of cases like this now, though, I do realise that the version of events you get 
from the person involved isn't always the whole story. Getting someone sectioned is rarely easy, and there are 
usually (not always, I know) a series of documented incidents and interactions that lead up to that decision. 
There may be aspects to her situation that she hasn't told you, and which the professionals (for obvious 
reasons of confodentiality) cannot share with you. This is no excuse for her rights or person to be abused, 
however.
It all stands as reminder of why advance directives are so very important, especially if there are legitimate fears 
of family members trying to get their hands on your home, etc. Better to have property in a special needs trust 
and have arrangements in place and signed by a lawyer so any greedy types know they can't succeed, and 
vindictive types don't have an extra incentive.

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