Understand Key Legislation and Agreed Ways of Working Essay Example
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 fair trial. These rights have limits to ensure that it does not damage other people’s rights.
Describe the agreed ways of working and evaluate how they relate to rights and choices of an individual with dement
...ia. Policies and procedures in the care home including:
- Mission Statement
- Health and Safety
- Risk Assessment (performed every month in my work placement)
- Safeguarding
- Person Centred Care Planning Equality Policy
- Complaints Procedure
- Safety and Security
- Anti-Discrimination
- Moving and Handling
Explain how and when personal information may be shared with carers and others, taking into account legislative frameworks and agreed ways of working. Consent from the individual should be taken into account in cases of emergency, abuse or neglect is suspected, decisions, treatment or information that is of best interest to the individual. If the resident is mentally incapable, informed consent should be given to the family or next f kin. Information shared to an advocate should be of individual’s best interest. Exchange of information from one health professional to the other should be done
securely and access to it is carefully controlled. Be able to maximise the rights and choices of individuals with dementia.
How do you demonstrate that the best interest of an individual are considered when planning and delivering care and support. 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.
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 and this should be brought up to the line manager. With any decision made, there
should be risk assessment performed.
Explain why it is important not to assume that an individual with dementia cannot make their own decisions. It must be assumed that a person can make a decision unless it has been shown that they lack mental capacity. This is to promote person centred care empowerment and active participation. It should never have to fit in with the carer or the manager’s decision.
It should suit to the individual. Individuals should be allowed and supported to make their own choices and decisions. This shows respect by preserving the individual’s dignity and individuality.
Describe how and why the ability of an individual with dementia to make decisions fluctuate. This is according to the type of dementia or time of the day and environmental distractions. So it is important to maintain effective communication all throughout the care and support. This is to enable understanding and good decision making. 3. Be able to involve carers and others in supporting individuals with dementia.
Describe how carers and others can be involved in planning support that promotes the rights and choices of an individual with dementia and minimises risk of harm. Providing active support by involving the individual with carers and others in decision making. Whatever the decision made should be of best interest of the individual which is the centre of care.
Describe how a conflict of interest can be addressed between the carer and an individual with dementia whilst balancing rights, choices and risk. During personal care, carer should let resident choose what to wear.
Carer could provide two choices like showing two clothes and letting the resident decide which one to wear.
- Carer must explain and give
information to the resident, ensuring that they can understand.
Describe how to ensure an individual with dementia, carers and other feel able to complain without fear of retribution. There are policies and procedures in the care home which should be followed in dealing with complaints. Also, there are current local, national and European legislation and organisational requirements which are to be followed. . Be able to maintain the privacy, dignity and respect of individuals with dementia whilst promoting rights and choices.
Describe how to maintain privacy and dignity when providing personal support for intimate care to an individual with dementia. They should be cared in a way that meet their needs and preferences while protecting them from abuse/harm and danger. In giving personal care, the door and windows should be closed and curtains should be drawn. Whatever the resident wants to wear, the carer should provide the appropriate clothes.
Also in the toilet or giving bath, doors must be closed. Moreover, there are practice and service standards in the care home that relates
to valuing and respecting individuals that should be followed.
What are the key physical aspects of the environment that will enable care workers to show respect and dignity for an individual with dementia. * The resident should have enough space and storage for personal belongings.
- Making sure that all items in the bathroom are not the same in colour so that it is easy for them to identify from one thing to another.
Toilet seat may have another colour.
- Mirrors may be removed if it causes distress to the resident.
- Room layout: Remove patterned wall paper and curtains.
- Technology: Provision of call bells.
- Other physical aspects include signage, furniture and flooring.
Describe the key social aspects of the environment that will enable care workers to show respect and dignity for an individual with dementia.
- Good communication skills
- Â Positive approach to the individual
- Relationship centred approach
- Professional boundaries
- Abilities focus rather than the disability
- Whole team approach
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