Mental Capacity Act 2005
The mental capacity Act protects and supports people who don’t have the ability to make decisions for them. Individuals have to make decisions for themselves while they are still mentally stable and that will be used when they are on longer mentally stable. They may not be able to make the decisions of the way they want to be cared for when they are not mentally stable but they can give the power of attorney to someone to make those decisions for them. For example, they can assign their next of kin to make decisions for them and to take care of their finances while they are in a care home. If someone with dementia don’t have the capacity to make their own decisions, other professionals such as a doctor and their care will have to make those decisions for them but these decisions taken on their behalf will have to be on their best interest. For example, an individual will still want to live in their home, so they will make the adaptations in their home so that they will be safe and not at any risk of hurting themselves.
Human Rights Act 1998
This legislation is in place to make sure that the rights of people with dementia are being met. These rights include; the right to freedom and liberty- although they have dementia they still have the right to do what they want and to be free in their houses. They have the right to be respected and privacy and family life. They also have the right to not be discriminated against. This Act is used to people with dementia by giving them the opportunity to live free and treating them with respect because even though they have dementia they still have the right to be respected. Also people with dementia are being treated equally without being discriminated against because they have dementia; this is because they are still the same as the others. For example, in care home, if someone with dementia wants to participate in an activity they should be given the opportunity to take part and not be discriminated against because they have dementia so they may forget the activity.
Data Protection Act 1998
Data protection requires information of people to be kept in confidentiality and can be only accessed by appointed staff. This Act is in place to protect rights of the individuals and ensure confidentiality. For people with dementia this is used by keeping their information protect and treat it with respect. Their information can only be shared people who are involved in their care, for example, their families, GP and carers who care for them.
Mental Health Act 2007
The mental health Act is divided into three sections which are followed to treat people with dementia. In section two, people with dementia are assessed in hospital- this is if health professionals think that the person with dementia are behaving in a way that they cause their health at risk or danger to themselves and other people around them. So because of this they can detain the person with dementia so they can assess them to make sure they can avoid those risks. After the assessment and if the person needs treatment, they will be then detained in hospital for treatment and this can last for six months and it can renewed for another six months if they still require further treatment. After they have been in hospital and assessed and treated, the local authorities and NHS will then make arrangements for the care and support the person need. For example, if the person with dementia is at risk of hurting themselves, the occupational therapists will go and assess their house and put adaptations so that the person can stay in their house and they will be safe. Also if they need support and caring, their social worker will arrange for them to have community care, so carers can come to their house and care for them and support them with what they need.
Equality Act 2010
The equality Act in place to make sure that people who have dementia and the people that care