Enable Rights and Choices of Indivduals with Dementia Whilst Minimising Risk
ENABLE RIGHTS AND CHOICES OF INDIVIDUALS WITH DEMENTIA WHILST MINIMISING RISKS
1 UNDERSTAND KEY LEGISLATION AND AGREED WAYS OF WORKING THAT SUPPORT THE FULFILMENT OF RIGHTS AND CHOICES OF INDIVIDUALS WITH DEMENTIA WHILE MINIMISING RISK OF HARM
1.1 The key legislations are Adult and Incapacity Act 2000, Mental Health Act 2007, Disability Discrimination Act 1995, Safeguarding Vulnerable Groups Act 2006 and the Mental Capacity Act 2005. Human Rights Act. These are all core principals of legislation regarding an individual with dementia. Policies and procedures and agreed ways of working and safeguarding Individuals is another key factor.
All organisations and authorities have a duty of care towards an Individual with dementia, GPs, Social Workers, Health Visitors, Family and Carers. All Individuals with dementia have the rights to make choices. Individuals with dementia should be encouraged to make as many decisions as possible for them; however they must be guided so they stay within the Mental Capacity Act 2005. We must assume that the Individual with dementia has capacity unless it has been assumed that they lack the capacity to make choices. We must not think that an Individual is not to be treated as unable to make a decision unless this has been established.
An Individual is not to be treated as unable to make a decision because they might not always make a wise decision. If a decision is made under the Mental Capacity Act on behalf of the Individual, the decision must be made for the best interests of the Individual. Before a decision can be made on behalf of the Individual we must ask ourselves whether the purpose of the decision can be effectively achieved in a way that would not restrict the Individuals rights and freedom of choice and action. We also have to adhere to the Human Rights Act and code of Practises.
The Individual with dementia will have to be risk assessed. The Individual will be encouraged to make their own choices and decisions, if
1 UNDERSTAND KEY LEGISLATION AND AGREED WAYS OF WORKING THAT SUPPORT THE FULFILMENT OF RIGHTS AND CHOICES OF INDIVIDUALS WITH DEMENTIA WHILE MINIMISING RISK OF HARM
1.1 The key legislations are Adult and Incapacity Act 2000, Mental Health Act 2007, Disability Discrimination Act 1995, Safeguarding Vulnerable Groups Act 2006 and the Mental Capacity Act 2005. Human Rights Act. These are all core principals of legislation regarding an individual with dementia. Policies and procedures and agreed ways of working and safeguarding Individuals is another key factor.
All organisations and authorities have a duty of care towards an Individual with dementia, GPs, Social Workers, Health Visitors, Family and Carers. All Individuals with dementia have the rights to make choices. Individuals with dementia should be encouraged to make as many decisions as possible for them; however they must be guided so they stay within the Mental Capacity Act 2005. We must assume that the Individual with dementia has capacity unless it has been assumed that they lack the capacity to make choices. We must not think that an Individual is not to be treated as unable to make a decision unless this has been established.
An Individual is not to be treated as unable to make a decision because they might not always make a wise decision. If a decision is made under the Mental Capacity Act on behalf of the Individual, the decision must be made for the best interests of the Individual. Before a decision can be made on behalf of the Individual we must ask ourselves whether the purpose of the decision can be effectively achieved in a way that would not restrict the Individuals rights and freedom of choice and action. We also have to adhere to the Human Rights Act and code of Practises.
The Individual with dementia will have to be risk assessed. The Individual will be encouraged to make their own choices and decisions, if