Legislation and dementia care

Emily Lewis-Smith

Legislations and frameworks

Enduring Power of Attorney Act 2008- It is a legal process in which it gives the individual the legal right to one or more people, to help manage the person's financials side for the individual and there property. This power can in to effect immediately, it means that the person who is helping you on behalf of that individual can manager there future.


A person with dementia should have this act because it helps to secure there property, savings and investments and there income part from benefits. This allows the individual to select one or more people to to act now if they wish and in the future, should you be unable to make decision for themselves. It doesn't have to be someone like your socialite, it could be a friend. It gives the person the opportunity have a choice about the say of there future. It will also make it easier for the careers to act on that individuals choices in the future.


The mental health act 1983 allows people with a mental health disorder to be admitted to hospital, to be detained and treated for their own safety or for the safety of others.

People can be admitted under any different mental health acts. Between 1st April 2013 to St March 2014 the act was used 53,176 times within England from NHS patients for longer than 72 hours.


The mental health act allows people to be put community treatment orders (CTO), following compulsory treatment. The decision to put someone hospital or to put them under the CTO is taken by doctors and other mental health professionals, who are approved to carry out certain duties under the act and follow the procedures.


The human rights act 2010, this legislation providers a legal framework which is to prevent discrimination and stop disadvantage. It provides individuals with human rights they deserve and need as a human, providing them with their individual needs. For example no matter what background or culture they come from they deserve to be treated the same as other people. It provides individuals with equality and fairness when being cared for by health and social care workers, and the legislation makes sure everyone is treated the same.


The data protection act 1998, is an act of the law of the process of data on individuals. It is the main part of the legislation that governs the the protection of personal data within the UK. It makes sure that people do not enter other peoples personal data, that should not be seeing it. It is also a part of everyone's human rights to have protection over their personal data.


Safeguarding vulnerable groups act 2007, the aim of this legislation is to prevent unsuitable people from working with children or vulnerable adults- with also dementia, if they are being paid or not. And this act stops people from coming into contact with them who have got a criminal record, this is to stop any harm occurring.


Single equality act 2010- People with dementia face a lot of discrimination for a number of reasons. There remain misunderstood about the attached to dementia that covers all of the discriminatory attitudes.

Because most people with dementia are over the age of 65, they can also face issues of age discrimination.


People with dementia are also more at risk of discrimination and people getting involved of their human rights because they may not have the capacity to challenge abuses of their human rights or to report what has occurred. This means that many people with dementia and their carers face a poorer quality of life than other people who do not have dementia, or who do not know about dementia.


People with dementia and those who care for them should be treated with dignity and respect, and should have access to high quality care. For people with dementia to be able to take part in their local community, socialise and to socialise with others.


The Mental Capacity Act 2005 law that protects and supports people who do not have the ability to make decisions for themselves. This could be due to a learning disability, or a mental health problem or condition such as dementia.

The act applies to people aged 16 and over in England and Wales. It also provides guidance to support people who need to make decisions on behalf of someone else.


The Mental Capacity Act covers important decisions relating to an individual's life such as, their property, financial care and health and social care.

It also applies to everyday decisions, such as personal care, what to wear

and what to eat.

It can help support people with dementia, their carers and professionals to make decisions, both present and in the future.


Putting People First- A shared vision, In January 2008, it went out to local authorities from the Department Health. The information is to support the transformation of social care, as outlined Our Health, Our Care, Our Say, “A new direction for community services' in 2006. It describes the vision for development of a personalised approach to the delivery of adult social care.”

This is being introduced under 'Putting People First', published in December 2007. It includes prevention, early intervention and re-enablement, personalisation, information and advice.

Councils will be required to move to a system of personal budgets for everyone who is entitled for publicly-funded adult social care support. They will also be required to provide the right information, advice and correct services for all who needs the services and their carers.


Living Well with Dementia – the National Dementia Strategy, dementia is not an illness that can be ignored, it has a devastating impact on people and there daily lives and there families life. It affects more and more people each year as the population is growing. The publication of the National Dementia Strategy, is a step forward reaching a goal of building health and social care services for individuals who have dementia. The strategy outline the main things to improve the quality of life for people with dementia and there carers. Firstly, we need to ensure better knowledge and understanding about dementia and remove anything negative about it. Dementia is not a natural thing towards ageing and nothing can really help to prevent it from happening completely, we can only help prevent it from not happening right away.


It is very important for the public and professionals to know the full and correct facts about dementia. One of the main things about the this framework strategies is the need for better education and training for professionals. Everyone who is within the NHS but complete training towards dementia, because everyone at some point during there job will come in to contact with someone who has dementia. Which this framework of the National Dementia Strategy is to make people aware of dementia and help them to help people who have the disease in the correct way possible. https://www.gov.uk/government/publications/living-well-with-dementia-a-national-dementia-strategy (17th march 2015)