Legislation and Dementia Care

Dementia and Elderly Care


Enduring Power of Attorney Act

Anyone who is over the age of 18 and has a low mental capacity will have someone who will work as an advocacy on behalf of that individual. This legal authority is called "power of attorney". An attorney can be one person or can work together with more than one as a collective. They must always make decisions together, although they can also have to make decisions individually and as a group. An example of an attorney is they can help someone to make decisions with their money and can have a power on deciding were the individual will live. There are different types of attorney's;

Someone who works under the LPA (Lasting Powers of Attorney) can support someone with their personal welfare or their property and affairs. However, someone working under the EPA (Enduring Powers of Attorney) can only help that individual with their property and affairs.

Human Rights Act

The Human Rights Act means that someone can support their rights within court and that the government must treat everyone with equality, fairness, dignity and respect. The Human Rights Act supports everyone. However, the Act can be misunderstood and misrepresented. The Act entitles individuals to their rights and freedom.

Data Protection Act

This act ensures that your personal information is only used with professionals that need it. This can be organisations, businesses and the government. The Data Protection Act can prevent and protect harm that any individual may be in danger of receiving.

Mental Capacity Act

Individuals who have dementia are considered vulnerable therefore they can be unaware of their rights and what discrimination is. An example of this is that they are not involved with the discussion of their care as it can be considered invalid. If this occurs the individual may not able to challenge the decision that has been made. The Mental Capacity Act supports the fact that it should be assumed that individuals can make their own decisions.

Safeguarding Vulnerable Group Act

This act was put in place to avoid any harm from the individual. Organisations have a duty of care and responsibility of providing a service that requires personal care and they have a legal obligation to ensure that this is being followed within the setting and has been put into place.

Equality Act 2010

The equality Act is put in place to legally protect people from discrimination. It replaced the anti-discrimination laws and put into one single act. The act outlines the different ways that it is unlawful to treat someone.


Putting People First

Putting people first was introduced in 2007. The commitment was shared for adult social care and certain elements needed to be met. Local governments were required to enable everyone to be eligible for funded care and support. Professionals such as advice and advocacy services were provided within the funds. It is important that individuals, who needs additional support with care receive this. As the government are improving the amount of funds that one receives this can help for individuals health to improve and them to start to become more independent.

Living Well with Dementia

The strategy hopes to ensure that improvements are being made to dementia services to improve the quality of care. These areas are improving awareness, early diagnosis and intervention and the quality of care.The quality of care should be at a high standard so that those who have dementia can have a better understanding at certain things. The strategies aim is to ensure that society view people with dementia in a different way. 3 objectives that are hope to be improve are;

  1. Implementing the Carers Strategy. Informal carers such as family members are considered one of the most important resources for people who have dementia. Support will need to be offered to informal carers and if they need any guidance when caring for the individual then they can accept the offer.
  2. Housing support - The individuals living arrangements may need to change once their dementia starts to progress, this can mean a residential home or adaptations being made to their home. As some individuals may be living independently their needs will need to be assessed to see if they need to be care for 24 hours a day.
  3. Improved end of life care- people who have dementia, their carers will need to be involved in planning end of life care. The carers can work along side the Department of Health End of Life Care Strategy to see what the best options are for the individual.