Unit 40 Task 2 describe legislation and frameworks which govern work with individuals with dementia

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Ewelina Steinke Health and Social Care level 3 Unit 40 task 2

Legislations related to dementia care

Living well with dementia - A National Dementia Strategy. Purpose of this document is to “ensure that significant improvements are made to dementia services across three key areas: improved awareness, earlier diagnosis and intervention and a higher quality of care”. This document identifies 17 objectives which can improve quality of services. The main aim of this living well with dementia document is to make sure people with dementia and their families and carers are all offered help and quality services.

Enduring Power of Attorney Act 1985 This act is now under Mental Capacity Act 2005 but if any EPA has been signed by both parties before 2007 it is still valid.

The Mental Capacity Act

The Mental Capacity Act is legislation which increases the legal rights of the person with dementia to be involved in decisions about their own health and care. The Act also means that when somebody no longer has the mental capacity to be involved in decision making themselves, their carer will have the right to be consulted about decisions being made on behalf of the person with dementia, e.g. by health and social care professionals. ( accessed 2012-12-04)

Lasting Power of Attorney

A Lasting Power of Attorney lets people with dementia appoint someone to make decisions on their behalf. It’s normally used when someone is unable to make their own decisions. There are 2 types: health and welfare and property and financial affairs.

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This allows choosing 1 person or more to make decisions about things like:

  • daily routine (eg eating and what to wear)
  • medical care
  • moving into a care home
  • refusing life-sustaining treatment

This Lasting Power of Attorney can only be used once someone is unable to make their own decisions. This lets a person with dementia choose 1 person or more to make decisions about money and property for them, eg:

  • paying bills
  • collecting benefits
  • selling their home

( accessed 2012-12-04)

Human Rights Act 1998

-People with dementia and their carers have the right ...

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