Legislation and frameworks

Task 7

Enduring Power of Attorney Act 1985

Enduring Power of Attorney is a document appointing a person like an Attorney to manage the property and the financials affairs of another person which would be the Donor. If the Donor then becomes unable to make a financial decision, the EPA must be registered before it can be used or if it is already in use, before it can be continued to be used. An EPA will be done if someone has been diagnosed with dementia for an example but they must be able to show others that they do understand what they are being told and what they are going to do. The difference between enduring power of attorney and an original power of attorney is that an original power of attorney then will become invalid as the donor is mentally incapable, as enduring power of attorney remains alive, providing the proper steps are being taken.

Mental Capacity Act 2005

Mental Capacity Act (MCA) has been designed to protect and help to empower individuals who may be lacking the mental capacity to make their own decisions about the care and treatment they would like. It is by the law that the individual must be aged 16 and over within England and Wales. This law also provides guidance to help support people who will need to make decisions on the behalf of someone else. The MCA believes that everyone has the right to make their own decision. Health and care professionals should always assume that an individual has the capacity to make a decision themselves, unless it is proved otherwise through a capacity assessment. This might include, for an example making sure someone is provided with information in a format that is made easier for them to understand.

Mental Health Act 2007

The Mental Health Act 1983 is an act of the parliament of the UK, which has now been significantly amended by the Mental Health Act 2007. This law is used in England and Wales for those people who have a mental disorder to be admitted to a hospital if need be. Places like a dementia care home and mental health hospitals have to work above this law (working over the expectations) as they will have to deal with people who actually suffer from mental health all of the time such as dementia. Working above the law make sure that everyone is being treated even if their families or guardians do not agree. People who have been admitted under the different sections that they have within the mental health act, depending on their own circumstances is why they are placed in sectioned. Section two is when someone is being assessed, section three is when someone is admitted for a treatment.

Safeguarding Vulnerable Groups Act 2006

Safeguarding Vulnerable Groups Act (SVGA) 2006 was created to help avoid harm or being at risk of harm, this is by preventing people who are deemed unsuitable to work with children and vulnerable adults from gaining access to the through their work. Under this act people must have a CRB check which is now called a DBS check to be able to work with vulnerable adults as this criminal Bureau Records and the ISA have now come together to create the DBS. Companies, businesses and organisations have the responsibilities to make sure the service for those people who are vulnerable have the rights to legal obligation to refer the right information to the service. Anyone who have a criminal record that shows those vulnerable people will be put at risk or are on the barred list, they cannot work with vulnerable adults.

Living Well with Dementia - the National Dementia Strategy

The government wanted to be able to make sure there was a develop service for people with dementia and their carer’s. The strategy is the government’s plan which explains what needs to happen to radically transform the quality of life for people who has dementia and also their carers for the next five years. The government has now announced that they have an extra investment of £150 million to support local services deliver the strategy. Before the strategy, the government had spoken to many people and also organisations and they also help consultation. The consultation involved more than 50 events and over 4000 people attended, to help people to speak about their ideas that they had and more than 600 people replied to the ideas that they had heard from the consultation document.