Legislation and dementia care
Enduring Power of Attorney Act
The decision of who gets appointed can be made in an advanced care plan. In an advanced care plan you can also make decisions, while you are still in a fit state to do so, on what you would like to happen in your care. There are two different types of attorney, property and affairs and health and welfare. You can have the same attorney for both or a different one for each.
For the property and affairs attorney, their role is to manage finance when this becomes to difficult. For example, they can manage and pay bills and chose if it is necessary to sell your property. However, if you wish you can put restrictions and conditions on what they are able to do on your behalf.
A health and welfare attorney can make decisions such as where you live and what you eat and wear. You can also give your attorney the right to choice whether you except or refuse life sustaining treatment however this much be clearly stated.
The benefits of an attorney is that it can be reassuring to know that once you are unable to make decisions your chosen person will do this. The mental capacity act has rules in place, which is they do not follow the LPA will be cancelled. These include:
-they much act in your best interest
-they must consider past and present wishes
-cannot take advantage of you to benefit themselves
-they must keep all of you money separate from their own
Human rights act
data protection act 1998
mental capacity act 2005
-understand and receive information which is relevant to the decision that they are making
-retain the information long enough to make the decision
-be able to communicate the decision that they make
If a person is unable to do these things it is possible that a attorney is appointed.
mental health act 1986
- detention for assessment in hospital-If health professionals have reason to believe that someone with dementia is a risk to themselves or another person they can be detained in hospital for future assessment. They can be kept in hospital for a maximum of 28 days.
- detention for treatment in hospital- initially this is done for up to 6 months. After this time it will be reviewed.
- after care services- local authorities and the NHS have a responsibility of supporting someone who has previously been detained.
Putting People First: A shared vision and commitment to the transformation of adult social care
Living Well with Dementia – the National Dementia Strategy
-. (-). human rights. Available: -. (). lasting power of attorney. Available: http://www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=154. Last accessed 11/06/15.. Last accessed 11/06/15.
-. (-). mental capacity act. Available: http://www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=354. Last accessed 11/06/15.
-. (-). national dementia strategy. Available: -. (-). mental capacity act. Available: http://www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=354. Last accessed 11/06/15.. Last accessed 1.