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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.

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2.1 Explain the key legislation that relates to fulfilment of rights and choices and the minimising of risk of harm and the impact on an individual with dementia. * Human Rights Act of 1998 * Mental Capacity Act of 2005 * Mental Capacity and Deprivation of Liberty Safeguards 2005 * Adults with Incapacity (Scotland) Act 2000 * Mental Health Act 2007 * The Disability Discrimination Act 1995 * Safeguarding Vulnerable Groups Act 2006 * Carers(Equal Opportunities) Act 2004 Together these legislations formed the fundamental rights and freedom of an individual. These affect the rights of everyday life of an individual including what they can say and do, their beliefs, right not to be tortured and right to a …show more content…

It is necessary to involve the individual in the plan of care and support. Encourage the individual to make choices. This includes their needs, their culture, their means of communication, their likes and dislikes, wishes and feelings, advance directives, beliefs and values, involvement of their family and other professionals. This should be considered and documented. Also, there must be evaluation in assessing effectiveness in the plan of care. Moreover, through the Mental Capacity Act (2005), it provides a legal framework for making decisions on behalf of the individual who lack the capacity to make decisions for themselves as long as it does not restrict the rights and freedom of action. 3.4 Explain how an individual with dementia can be enabled to exercise their rights and choices even when a decision has not been deemed to be in their best interests. Good communication with the individual should be enhanced. Both individual and carer must compromise and negotiate to what would benefit most for the individual as long as it is safe. Thorough information should be given and must acknowledge the benefits of their choices. This is a way of recognising rights and choices of the individual. One example is the resident’s choice not to use his/her walking frame. This is one conflict of decision – making. Decision should be tailored to the needs of the resident

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