Legislation

Dementia Care

Enduring Power of Attorney Act 1985

Is a legal process in which the donor gives the legal right to one or more people, the attorneys to manage financial affairs and property. This power can come into effect immediately and has the same status as the original power of attorney. It means the attorneys can manage financial affairs for an individual, or has been put into place for the affairs to be handed over to them at a later date. The difference between enduring power of attorney and an original power of attorney is that an original power of attorney becomes invalid if the donor becomes mentally incapable, whereas an enduring power of attorney remains effective, providing the necessary steps are taken.
When someone becomes mentally incapable, the attorneys apply to register the EPA (Enduring Power of Attorney) with the public guardianship office. While the registration is being processed, the attorneys can use the donor finances for essentials on their behalf such as food or paying for regular bills. However, attorneys are unable to arrange larger transactions such as sale of the donors house, until the EPA has been registered. The EPA can be specified to come into effect once the donor becomes mentally incapable. An EPA can made if someone has been diagnosed with dementia but must be able to show they understand what has been said and what it is indented to do. It's the donors choice as to how much control the attorney has. The different types of power they can provide is a general authority which allows an attorney to carry out any transactions on the donors behalf they you are legally able to delegate. The other is limited authority which is when the attorney deals with certain aspects of the donors property and affairs as detailed by donor in their EPA form. (enduring-power-attorney; 2015

Human Rights Act 1998

The Human Rights Act 1998 defends peoples rights in the UK courts and that public organisations including the government, the police and local councils must treat everyone equally, fairly, with dignity and with respect. The Human Rights Act 1998 protects everyone no matter their age, race, gender, culture and religion. The different rights that this law protects includes the right to life, the prohibition of torture and inhuman treatment as no one should be treated in an inhuman or degrading way. Protection against slavery and forced labour as no one should be treated like a slave or subjected to forced labour also protects the right to liberty and freedom as everyone has the right to be free. The right to a fair trail and no punishment without law as everyone is innocent until proven guilty also respects the privacy and family and the right to marry which protects against unnecessary surveillance or intrusion into life. Freedom of thought, religion and belief as everyone should be allowed to believe in what they like and practice their religions and beliefs. Free speech and peaceful protest as everyone has the right to speak freely and join others peacefully in a protest. No discrimination as everyone's rights are equal and people should not be treated unfairly due to gender, race, sexuality, religion or age. Protection of property and the right to education as no child should be denied an education and no one should interfere with others possessions. (liberty-human-rights; 2014)

Data Protection Act 1998

The Data Protection Act 1998 controls how personal information is used by organisations, businesses and the government. The law outlines that anyone using the data has to follow strict rules call data protection principles. Anyone using the information must make sure the information is used fairly and lawfully, used for a limited amount of time and specifically stated purposes, used in a way that is adequate, relevant and not excessive, the information being used is accurate, kept for no longer than necessary, handled accordingly to people's data protection rights, kept safe and secure and is not transferred outside the UK without adequate protection. There is stronger legal protection for more sensitive information such as ethnic background, political opinions, religious beliefs, health records, sexual health and criminal records. (GOV; 2014)

Mental Capacity Act 2005

The Mental Capacity Act 2005 is a law that protects and supports people who do not have the ability to make decisions for themselves. The act applies to people aged 16 and over in England and Wales who lack mental capacity. This law also provides guidance to support people who need to make decisions on behalf of someone else. Mental capacity is the ability to make decisions for themselves and people who cannot do this lack capacity. To have capacity a person must be able to understand the information that is relevant to the decision they want to make, retain the information long enough to be able to make the decision and communicate their decisions by possible means. There are five main principles of the act and these are every adult has the right to make decisions for themselves and people must not assume they can make their own decisions unless shown otherwise. Every adult has the right to make decisions that may appear to be unwise or strange to others. If a person lacks capacity, any decision taken on their behalf must be in their best interest. If a persons lacks capacity, any decisions taken on their behalf must be the option least restrictive to the person's rights and freedoms. (alzheimers; 2015)

Safeguarding Vulnerable Groups Act 2006

Safeguarding Vulnerable Groups Act 2006 provides the legislative framework fore the new vetting and barring scheme, under which individuals who wish to engage in certain types of employment or activity involving contact with vulnerable adults will have to apply to, to be monitored by the government body ISA (Independent Safeguarding Authority). This was created to help avoid harm, risk of harm to vulnerable people, by preventing people who are deemed unsuitable to work with vulnerable adults. The Independent Safeguarding Authority scheme was created as a result of this act. Under this act people must have a DBS to be able to work with vulnerable adults as the Criminal Bureau Records and the ISA merged together to create the Disclosure and Barring Service. Organisations with responsibilities to provide services for vulnerable adults have a legal obligation to refer relevant information to the service. Anyone who is on the barred list cannot work with vulnerable adults. (SCIE; 2015)

Mental Health Act 2007

The Mental Health Act 2007 is the law in England and Wales that allows people with a mental disorder to be admitted to hospital, detained and treated without their consent, either for the health and safety or for the protection of others. People can be admitted, detained and treated under different sections of the mental health act, depending on the circumstances which is why sectioned is used to describe a compulsory admission to hospital. Section two is admit someone for assessment, section three is to admit someone for treatment and section four is admitting someone in case of an emergency. Mental Health Act 2007 also allows people to be put on community treatment orders following a period of compulsory treatment in hospital. An important guiding principle is that the person who Is detained and treated against their will must be fully involved in planning treatment and that their wishes should be taken into account. Family members and other carers should also be involved, unless the person who is unwell do not want them to be. Another guiding principle is that care and treatment should be provided in the least restrictive way possible. (mentalhealthcare; 2015)

Single Equality Act 2010

The Equality Act 2010 is a law that legally protects people from discrimination in the workplace and in society. The equality act replaced other anti-discrimination laws with a single act to make it easier to understand and strengthening protection in some situations. This law sets out the different way in which to unlawfully treat someone. The things that are protected by this act are age, disability, gender reassignment, pregnancy and maternity, marriage and civil partnerships, race, religion and belief, sex and sexual orientation. When the equality act was created it introduced other new measures and these were requiring public bodies to meet a new integrated equality duty, using public procurement to improve equality, banning age discrimination outside the workplace, protecting carers from discrimination, strengthening protection from discrimination for disabled people, eliminate unlawful discrimination, harassment and victimisation, advance equality of opportunity between different groups and foster good relations between different groups. (healthscotland; 2014)

Putting People First: A Shared Vision and Committment to the Transformation of Adult Social Care

This legislation provides information to support the transformation of social care. The our health, our say white paper outlined the key elements of a reformed adult social care system in England. This system needed to be able to respond to the demographic challenges presented by an ageing society. The values of this legislation is the ensure older people with chronic conditions, disabled people and people with mental health problems have the best quality of life. Other values and views of this legislation is that adults have the best possible quality of life, irrespective of illness or disability and retain maximum dignity and respect. The agreed and shared outcomes which should ensure people, irrespective of illness and disability are supported to live independently, stay healthy and recover quickly from illness, exercise maximum control over their lives, sustain a family unit which avoids children being required to take on inappropriate caring roles and for adults to participate as active and equal citizens both economically and socially. (webarchive.nationalarchives; 2015)

Living Well with Dementia - the National Dementia Strategy

The government wanted to develop services for people with dementia and their carers. They want services that meet the needs of everyone regardless of their age, ethnic group or social status. The strategy is a five year plan to help this to happen. The strategy is for people with dementia, their carers, health and social care professionals and anyone affected by dementia. Before the strategy, the government spoke to many people and organisations and they also a help consultation. The consultation involved over 50 events where over 4000 people spoke to them about their ideas and over 600 people replied to the ideas in the consultation document. When people provided their feedback the government used this to create the strategy. The strategy has three key steps to the improve the quality of life and their carers which includes better knowledge about dementia and to remove the stigma. Ensure early diagnosis, support and treatment for people with dementia and to develop services to meet challenging needs. By ensuring better knowledge everyone would understand dementia better and would realise ways of supporting and treating people with dementia. This would also include providing better education and training for professionals. Ensuring an early diagnosis is important as they can give people the information they need as early as possible and the support and treatment can be started immediately. Developing services that fully meet the changing needs of people with dementia. This would include GPs working alongside mental health services, having one person responsible for dementia services in hospital, GPs knowing how to spot the first signs of dementia and providing the person with dementia with a personal advisor. (GOV; 2009)