Understand Key Legislation and Agreed Ways of Working That Support the Fulfilment of Rights and Choices of Individuals with Dementia While Minimising Risk of Harm.

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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 fair trial. These rights have limits to ensure that it does not damage other people’s rights.

2.2 Describe the agreed ways of working and evaluate how they relate to rights and choices of an individual with dementia. 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
1.3 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 of 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. 2. Be able to maximise the rights and choices of individuals with dementia. 3.3 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.

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 and this should be brought up to the line manager. With any decision made, there should be risk assessment performed.

3.5 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...
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