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H&Sc Unit 40 Dementia Care Legislation
Transcript of H&Sc Unit 40 Dementia Care Legislation
Enduring power of attorney act
The lasting power of attorney act replaced enduring power of attorney in 2007, however they both govern the same principles- they allow a person with dementia to allocate a person they trust to manage their financial affairs and any property matters when they no longer have the ability to do so. This act also allows the person granted lasting power of attorney the ability to make decisions about the person's healthcare if they aren't able to do so because of their dementia causing cognitive problems and inability to reason.
Human rights act
The human rights act protects the basic legal rights of an individual with dementia. They are regarded no less importantly than anyone else. This act has a number of articles, which all promote and protect different aspects of a person's own rights. Article 2 promotes the protection of life / prevents life being taken away unlawfully, which governs dementia care by making sure all individuals' lives are valued, and they receive everything they need in order to survive. Article 8 involves a person's right to privacy - so dementia care should respect the privacy of every individual, and allow them dignity and not interfere with their private matters inappropriately. Article 3 prohibits torture, inhumane and dehumanizing treatment, which protects people with dementia from harm and abuse. Article 9 promotes freedom of thought and religion, which allows the individual to retain their values and beliefs, and article 10 promotes freedom of expression - in dementia care, this ensures the person is treated and respected as an individual.
Data protection act
The data protection act ensures the lawful usage, storage, disposal and acquiring of data, in order to protect people from harm or exploitation. The act has 8 core principles, which all ensure the safety of a person's data. The act makes sure that data is only used lawfully, and for specific purposes, which allows those with dementia to have expectations of how their information will be used, and ensures it will only be used legally. It makes sure that data is stored and disposed of securely, which protects people with dementia by preventing unauthorized people from obtaining their info, and potentially abusing them / identity theft. Another principle makes sure that data stored is up to date and only held if it's relevant - this helps people with dementia, because it allows their records to be kept accurately, and that the care they receive is totally relevant and beneficial to their present situation.
Mental capacity act
The mental capacity act provides protection for people who aren't able to make their own decisions in terms of their care, welfare and well being. A person is considered not to have sufficient mental capacity if they can't understand or properly judge the decision which needs to be made, they can't respond to it appropriately or retain any information discussed / relevant to the matter - as dementia causes memory loss and cognitive decline, people may no longer be able to make rational or informed choices, and can't decide what is best for their own well being. Mental capacity is assumed until all other ways of a person making a decision are impossible or unsuccessful - people with dementia shouldn't automatically be assumed unable to make decisions because of their age or actions, and their wishes and opinions should always be respected and considered by those caring for them.When a person no longer has adequate mental capacity, either the person with power of attorney can make decisions on their behalf, or if not, the court.
Safeguarding vulnerable groups act
The safeguarding vulnerable groups act protects people with dementia by not allowing inappropriate or unsafe individuals to care for them, to protect them from any kind of harm, abuse or maltreatment, and in the incidence of harm, ensures that it is dealt with thoroughly and immediately. Staff caring for people with dementia should be aware of the risk and signs of abuse, and raise any concerns they have regardless of the situation. All staff caring for individuals with dementia are required to adhere to a code of conduct - this usually indicates how they should and shouldn't treat people in their care, promotes anti-discriminatory practice and ensures that people with dementia are protected, respective and granted their dignity and rights. Staff must also respect the views of individuals and value them equally, and ensure safety of vulnerable people by knowing how to handle any possible risks and problems.
Single equality act
The equality act 2010 promotes anti-discriminatory practice in the care of all individuals, including those with dementia. It promotes equal treatment for everyone, regardless of their background, race, gender, background and circumstances, and makes sure that all people with dementia are given an equal, good quality standard of care. This act prohibits harassment and discrimination, which allows people with dementia to be protected from harm and prejudice - care should always be unconditional and non-judgemental. The act prevents people from becoming victims, and makes sure everyone is treated fairly and not subjected to a lesser standard of care,
Mental health act
The mental health act allows for people to be detained or treated against their will, if they refuse or are unable to consent to necessary psychiatric treatment, and they are at risk of harming themselves or other people. There are a number of different sections - section 2 allows a person to be detained for assessment, and section 3 allows for mandatory treatment to be given without the person's consent. As some individuals with dementia may be severely affected in terms of their mood and mental state, it may be in their best interest for them to be detained in order to give them necessary support and treatment if they are at risk of harm and are unable to consent. Using the mental health act is only done if it's absolutely necessary, and all other treatments or approaches are exhausted / the person is at serious risk, which protects people from being given treatment against their will unnecessarily.
Putting people first
The putting people first framework makes sure that any health and social care given to individuals is personalized to them, and their own individual needs and preferences. It may use a multidisciplinary approach to care - a person with dementia may need to have their GP, district nurses, carers, a psychologist and a social worker amongst their care team (other staff may be needed also) - this means that care for people with dementia is centered around them and their own needs. It takes their views into account, and aims to involve them as much as possible (both in making choices and in having the best quality of life). It maintains respect for the person as an individual, and also makes sure that those caring for them are equally supported and valued.
Living well with dementia
The living well with Dementia framework is a strategy which focuses on improving the quality of life for people with dementia, and to make life easier for them on the whole. It addresses the needs and any issues faced by people with dementia, and aims to improve these (and keeps the person in mind at the same time). It allows people with dementia to continue activities and interests they would usually do, and supports them in doing so (for example, the provision of an emergency wristband which locates them and accesses support services if the person needs help both when they're at at home and outside of the home, and dementia dogs which can also help them) - it removes limitations. It also provides support for relatives and carers (such as a social network online, and groups), to give a better quality of life and adequate support for everyone affected by dementia.