Legislation and dementia care

Task 7

Enduring Power of Attorney Act

The lasting power of attorney act allows you to appoint someone to make decisions for you on your behalf when you get to ill to make these decisions yourself. The person can also make decisions on your finance which is why it is important to appoint someone who can be trusted with anything that you own. Decisions can also be made on your health and welfare. For example, they can decide when you are ready to go into a care home or hospice.

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

There are some reason why people with dementia are at risk of being discriminated against. These are the attitude towards dementia, impaired mental capacity and ageism. There is a lack of awareness of dementia, its symptoms and its effect on the person and their families and because of this some people are unaware of how to treat them and how to deal with someone with dementia. People with dementia suffer from impaired mental capacity and this can make them vulnerable to discrimination. For example, they may be excluded from making a decision on their health and feel like they cannot argue with this. dementia is much more common and progresses further with age which is why someone with dementia may suffer from ageism. These could lead to poor quality of care, abuse, the over-prescription of anti psychotic drug and age discrimination towards younger people with dementia.

data protection act 1998

The data protection act states that no information about a patient or service user should be passed on. This protects people with dementia because it means that any information that is recorded about them will be kept safe. The data protection act controls how organsiations use your information and so they can be sure that they are safe when it comes to data privacy.

mental capacity act 2005

The mental capacity act protects people who are unable to make decisions for themselves. It also provides guidance for people who make decisions on behalf of someone else. To have a capacity the person must be able to:

-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

The mental health act supports and protects people who suffer from a psychological disorder. The act looks at detaining patients until they are deemed fit. The most relevant to dementia are:

  • 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

putting people first is a ministerial concordat expressing the Government’s shared ambition is to put people first through a radical reform of public services, enabling people to live their own lives as they wish, confident that services are of high quality, are safe and promote their own individual needs for independence, well-being and dignity.

Living Well with Dementia – the National Dementia Strategy

This is a 5 year plan to support people with dementia and their carers. It sets out 17 recommendations which are all set out around raising awareness and understanding , early diagnosis and living with dementia.


-. (). lasting power of attorney. Available: http://www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=154. Last accessed 11/06/15.

-. (-). 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.