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
should check the care plan in order to know they are providing the correct care and support and following the individuals wishes. If any problems are recognised then the care plan can be updated to reflect these changes.
4. describe actions to take where any concerns with the agreed care plan are noted
Biii – Explain why it is important to review care or support plans with an individual, and to monitor their changing needs or preferences.
They were reluctant to raise concerns about the level of care because they do not know what the residents' rights were and the level of care they were entitled to receive. The uncertainty of rights of the residents also arose from the variations of services offered in different facilities. For seniors and families, it is difficult to raise concerns and complaints if they do not know what the rights of the residents are and what they can expect from the residential care facilities. The families did not want raise concerns about the care they were receiving in fear that it would negatively impact the care they were currently receiving. Setting the standard for residents' rights would benefit everyone working and living in the
This enables professionals to provide holistic support by giving the individials the right to make their own choices reguarding all aspects of their care. Therefore, the individual will be able to tell members of staff if they are unhappy about any part of the support they are receiving. This will then be investigated and an appropriate measure will be taken to make sure that the individual will be happy and cared for appropriately. The individual will be able to voice when they are happy and when they are not happy, they will also be able to voice their own opinions and preferences which will be taken into account when their care is being performed. The individial's care, wellbeing and preferences will always come first.For example, in a care
“Establishing a care plan that meets the patients’ needs and allows for appropriate interventions as symptoms change.” Patient’s without decision making ability comprise a large portion of the long term care population.” Jenna the IDT (interdisciplinary team) has to have continuing conversations with the patient’s family or decision maker, to help make decisions. “
The healthcare system places emphasis on involving patients in their plan care throughout the disease or healing process. Nurses and other members of the healthcare team are responsible to ensure that the competent patient has the right to refuse any medical treatment. Patients can have an active voice in their treatment throughout their disease process by clearly stating their treatment requests in an advanced directive. Patients who file advanced directives are warranting their current wishes are met in the event that they are no longer able to make decisions for themselves. However, an advanced directive (AD)
The rights and limitations of an individual’s decision making include, various issues like written or oral consent from patient or a representative, and patient’s mental ability to make decisions about their treatment. According to the common law right of 1891, the decisions regarding the treatment are made by individuals with decision making capacity and even after they lose their capacity their decisions do continue. An adult is said to have decision making capacity when they attain the age of 18 or when the person is not deemed incompetent by the court or when the results of the decision are well understood by the individual. In conditions of temporary incapacity, close family members can make the decision and if time doesn’t permit during emergency, the health care providers can decide about treatment to save the life. According to the right of self-determination, any competent individual who cannot handle the treatment can reject completely (Steiner, 2014).
The person in charge of the patient must decide between the wellbeing of the patient and following through with their wishes. When a patient’s wishes are being considered, their caretaker must also take into consideration their competence and self determination. Self determination, as stated by Jay Callahan, “must be based on at least four interrelated factors: free action, authenticity (or consistency), effective deliberation, and moral reflection”. When a patient is incapacitated or their judgement is clouded their right to self determination is removed. A lot of the responsibility for the decision being made falls on the guardian of the patient. These guardians may take advantage of the patient leading to their judgement changing. To outweigh this there must be strict procedure, such as the example set by the Netherlands. They must fit nine criteria which are as
Free and informed consent is one of the pillars of the right to health and to legal capacity. For people with disabilities, this principle is often violated and undermined by paternalistic attitudes and actions. So all health professional working with disability take extra care for paternalistic acts
. Mental capacity act is for the customers who doesn’t have the capacity to make decisions that are in their best interest. If the person doesn’t have a family member or friend with power of attorney they will need to have an advocate. These make the decisions that are in the best interest for the customer. This ensures that the customer has a voice, they will speak on behalf of the customer and will support that person through aspect of their life. This ensures they have the correct care that they are
Before furthering the care of this patient, there are multiple actions and decisions that must be made. As this patient has lost decision-making capacity, before all else, attempting to restore her decision-making capacity is paramount. Should that not be possible, the subsequent steps are necessary.
This issue should be highlighted during the decision making process to ensure the peoples subconscious are being used for what they consented to – healthcare decisions whether fully functional or incapacitated – and nothing else that could cause harm to them or others. This issue also ensures to the patient that their wishes are met despite what their family may want, as the providers would follow the wishes determined by the copy of the
In today’s society in America, people will do anything to avoid old age. Instead of looking at being elderly as a sign of achievement and a stage of life filled with wisdom among other great qualities, people ignore the elderly and will go to extremes to avoid aging. The elderly have the same amount of rights as anyone else in any life stage. Sometimes this idea can confuse people on how to care for the elderly and ethical dilemmas emerge because of this.