The Mental Capacity And Deprivation Of Liberty Safeguards

Submitted By kimberleylsmith
Words: 795
Pages: 4
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1.1
The key legislation includes:
* 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 form the fundamental rights and freedom of an individual. These affect the everyday life of an individual including what they can say, what they can do, their beliefs, their right not to be tortured or abused in any way, and the right to a fair trial. Although these rights have limits to ensure that other people's rights are also upheld.
1.2
Company policies indicate that all service users be treated with dignity and respect and that as much as possible, their wishes and choices be adhered to, although discretion may be used in instances that could bring harm or suffering to the service user. The service users care plan should detail the choices and preferred methods of working that suit the service user best and should be adhered to wherever possible. The care plan would have been made with the consent and input of the service user, if there were no communication problems, or with the aid of the family / guardians if there are communication problems.
1.3
Personal information may be shared with carers and others, only when absolutely necessary, and the information shared should only be that which is relevant to the incident and that which is based in fact not opinion. The information should be shared within a secure environment and only involve those who it is absolutely necessary to share the information with, i.e line manager, family members of the service user. The information should not be used as fodder for gossip among the carers.

2.3
Just because a person has dementia does not mean they are mentally incapable. A lot depends on how far the dementia has progressed.
The person may not be able to tell you if or when they had medication, but they can tell you what they would like for dinner. They may not remember their youngest child, but they can remember the oldest. When dealing with dementia every effort should be made to include the person in the decision making process at all times though discretion needs to be used when it comes to the important aspects like medication.

2.4 There is a service user that I visit who has dementia. Some days they are extremely lucid and remember everyone who has visited them that day. Other days they struggle to remember that they are in their own home. Their partner passed away a few years ago and some days when I go there they ask me if their partner is home from the shops yet or if I see them out and it's raining would I give them a lift. Dealing with dementia is a challenge as you never know what you are walking into. Whether they are going to be lucid or extremely challenging because of a "bad
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