Legislation and Dementia Care

Task 7- Rebecca Mason

Enduring Power of Attorney Act- A Power of Attorney is an individual who is in charge of another persons legal, financial and health issues. They control who has access to the individuals money, such as family members and care homes for care the individual receives. The Lasting Power of Attorney can also make decisions about the individuals care.

The sufferer of Dementia can choose who has the right to be in control and this is usually done before a deterioration in the individuals mental state occurs. This was made possible by the provision of The Mental Capacity Act of 2005.

The Human Rights Act 1998 came into force in October 2000. This Act is especially important in cases of Dementia as all the human rights which the individual was entitled to before must still be given and kept to the same high standards as before the Dementia diagnosis was given.
These rights include:
  • The right to life
  • The freedom from torture and inhumane or degrading treatment
  • Right for your private home and family life
  • Right to participate in free elections

The Data Protection Act gives an individual the right to access their own personal data.Any professional, for example care workers working with dementia patients, who comes into contact with any personal information must comply to the Act.

There are 8 principles to the Data Protection Act, these include;
  • Processed fairly and lawfully
  • Obtained for specified and lawful purposes
  • Adequate, relevant and not excessive
  • Accurate and up to date
  • Not kept for any longer than necessary

Mental Capacity Act- It empowers and protects those who can't make decisions for themselves. It also makes clear who can make decisions in which situations.

The Act has 5 main principles-

  • A presumption of capacity
  • Individuals being supported to make their own decisions
  • Unwise decisions
  • Best interests
  • Least restrictive option
Safeguarding Vulnerable Groups Act- The act was brought in during 2006 by the UK government to manage who is able to work with vulnerable groups
The act says that all working with the vulnerable must undergo ‘vetting’ and those who are on barred lists are NOT allowed to work with the vulnerable groups of society.
Dementia sufferers are hugely protected by this act, they may be unaware of the correct or incorrect care they should be receiving; increasing their risk of harm.

Mental Health Act- provides legislation, which says that a person with a mental health disorder can be sectioned or detained in hospital or in police custody against their will.
The Act has a few main parts-
  • Application of the Act
  • Compulsory admission to hospital and guardianship
  • Patients concerned in criminal proceedings or under sentence
  • Consent to treatment


A shared vision and commitment to the transformation of adult social care-
This framework sets out support and legislation and works with organizations such as the NHS, carers and families to give individuals the best care.
It has shared and agreed values that ensure people are supported to be able to:

  • Live independently
  • Stay healthy and recover quickly from illness
  • Exercise maximum, control over their own life
  • Sustain a family unit
  • Participate as active and equal citizens
  • Have the best quality of life possibly to them
  • To retain maximum dignity and respect

Single Equality Act- Brought together already existing legislation on discrimination and equality, to help solve outstanding discrimination issues.

The act covers things such as:

  • The Equal Pay Act 1970
  • The Disability Discrimination ACT 1995
  • The Employment Equality (age) Regulations 2006
  • The Race Relations Act 1967

The act defines discrimination as being from disability, failure to apply adjustments for an individual, harassment and victimization.
Living well with Dementia-The National Dementia Strategy
The strategy aims to develop services for people with dementia, along with their carers; will meet the needs of everyone, regardless of their age, social status and ethnic group.

The strategy aims to do three main things:
•Ensure better knowledge about Dementia and remove the stigma
•Ensure early diagnosis, support and treatment for people with Dementia and their families
•Develop services to meet changing needs better

The strategy has 17 main aims based around wanting to set up a system where people affected by Dementia are supported to:
• know where to go for help
• know what services can be expected
• seek help early for problems related to Dementia
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