Legislation and Dementia Care

Legislations

Enduring Power of Attorney Act

This act allows you to appoint someone to make decisions on your behalf. This individual can manage your finances and make decisions relating to your health and welfare.

Having an individual to do this for a person with dementia allows them to remain safe and well when they get to the stage in their life when they are unable to make decisions for themselves, or unable to make suitable decisions, having another appointed person can result in the correct and necessary decisions to be made.


Data Protection Act

This was a law passed in 1984, but updated in 1998. It gives rights to those whose data has been collected and sets out rules for individual's who use or store data about living people. The law applies to both information stored on computers, on paper, or any other sorts of storage systems. It has many different principles within the legislation itself. If an individual's information has been collected for one reason, to be used for another reason. A person's information should not be given to other organisations unless that individual agrees to it. Any data an organisation stores about someone should allow that individual the right to look at it. Information collected should be secure and well protected from others. Someone has the right to ask an organisation to change information about themselves if what they have is wrong.

This acts helps those with dementia as that individual may not have the mental capacity to protect themselves and their personal information. If someone was to access their information, it may put them at risk of harm or other such things.


Mental Capacity Act

This act was put into place to protect those who may lack the mental capacity to make their own decision about care and treatment. It applies to individuals over the age of 16. An assessment will be carried to determine whether or not an individual has the capacity to make decisions. The individual has the right to appoint someone to make decisions for them, this could be a family member, friend or carer.

In the case of someone with dementia, this act may not need to be introduced until the later stages when the symptoms have dramatically increased and affected their thoughts and mind processes. If an individual is not able to remember things or think straight, their mental capacity will obviously deteriorate, and so they will be unable to make decisions for themselves. If they need care, treatment or any help, they will need to approve it, this is where the act comes in as the care they need may help their condition greatly but if they do not have the mental capacity to agree to it themselves the act allows someone to make this decision for them and give them the best possible chance.


Safeguarding Vulnerable Groups Act

This act introduced new arrangements requiring those who wish to work with children or vulnerable adults to be registered. This will confirm that there is n reason why that individual should not work with these clients. The ISA would make decisions about who should be barred from working with vulnerable adults. It states that some offences will automatically being barred without the chance to appeal.

This allows those with dementia to remain safe whilst in the care of organisations such as the NHS or in care/residential homes.Those with dementia can often be extremely vulnerable and if they have reached a stage where their memory is completely gone, they may see this person as someone there to care for them or think they are a friend, therefore giving them a chance to abuse them.

Frameworks

Putting People First

A shared vision and commitment to the transformation of adult social care.

Partner organisations will work with councils to help them communicate effectively and involve people who use services, carers and other citizens in the transformation of adult social care.


Living Well with Dementia

The national Dementia Strategy.

This provides a strategic framework within which local services can; deliver quality improvements to dementia services and address health inequalities relating to dementia; provide advice and guidance and support for health and social care commissioners and providers in the planning, development and monitoring of services; and provide a guide to the content of high-quality services for dementia.