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Describe potential conflicts or dilemmas that may arise between the duty of care and an individual's rights

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Describe potential conflicts or dilemmas that may arise between the duty of care and an individual's rights
Unit 304 2.1
While working in care, the aim is to give the best possible standard of care to service users, but sometimes there can be a conflict beetween the individual’s or their family’s wishes and rights and the duty of care. In this case the most important thing is to decide whether the person is aware of the risks and consequences of the decision and has the capacity to make the decision. Before taking best interest decisions I have to make sure that the person definitely lacks the capacity. The person or their next of kin has an overall right and responsibility in decision making for issues relating their care, and I need their consent to deal with certain issues.
When a dilemma arises, my responsibility is to support individuals or their families to make informed choices. Even if I disagree with their decision, I can only give advice but can not force them. If an individual is willing to do something that involves some risk, I have to support people to make informed choices. Totally avoiding risks would limit individual’s choices and opportunities and it can lead to dependency and depression. I have to act in the person’s best interest but instead of encouraging them to avoid risks I have to support them and enable them to taking part in activities.
I have to act in the individuals best interest, keep them safe, carry out risk assessments, promote informed choices but also respect their decision and right to live their life as they choose. If the risk seems great to me I would document it and discuss the matter with my manager.
Another area where duty of care dilemmas may arise are confidentiality issues. When a confidential information is shared with me and it concerns safeguarding and there is a possibility of harm or someone’s wellbeing is threathened I might have to make a decision and disclose this information. However I have to follow the procedures when disclosing it.

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