there are many legal requirements and policies in place to safeguard the rights and well being of an individual being cared for at the end of there life. Anyone working in a professional capacity must be fully aware of the legal framework involved.
THE END OF LIFE CARE STRATEGY, the government launched the Living Matters Dying Matters End of Life Care Strategy. The Strategy marks an important step forward in the way that people approaching the end of life are treated. it intended to give everyone nearing the end of life access to high quality care whether they are at home, in a care home, in hospital, in a hospice or elsewhere. it does not result in legislation and does not provide people with legal rights. the provision set out in the Strategy are recommendations.
The Human Rights Act 1998, states that every individual has the right to life, to be treated equally and with dignity, no matter what their circumstances, to be protected from discrimination, and the freedom of thought, belief and religion at the end of life.
The Mental Capacity Act 2005,is designed to protect individuals who can no longer make decisions or communicate for themselves when they are dying. The five key principles of the Mental Capacity Act are as follows;
Every adult has the right to make their own decisions and should assumed capable until proved otherwise
A person must be given every help possible before being treated as unable to make decisions.
If an individual make what seems an unwise decision it should not be assumed that they are lacking capacity.
Any act or decision made on behalf of a person lacking capacity should be in the individuals' best interest
Anything done for or on behalf of someone who lacks capacity should be least restrictive of their basic rights and freedom.
When the Mental Capacity Act came into force in 2005, Advance Decision