Legislation Unit 50
1.1 Human rights act, mental capacity act 2005, mental capacity and deprivation of liberty safeguards act 2005, mental health act 2007, the disability discrimination act 1995, safeguarding of vulnerable groups act 2006, carers equal opportunities act 2004. These legislation formed the fundamental rights and freedom of an individual. These affect the rights of an individual in everyday life including what they can say, do and their beliefs. These rights have limits to ensure that it does not damage other peoples rights.
1.2 There will be polices and procedures in place to make sure that people are able to exercise their rights to make choices about how they live and what they do. Employees are responsible for working within the code of practice, this lays out the duties and expectations for everyone who works in the care sector.
1.3 consent from the individual should be taken into account in cases of an 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 at the residents best interest, and any information shared should be done securely and stored securely.
2.3 one of the difficulties for an individual with dementia is that as their illness progresses they will start to lack capacity to make decisions for themselves. The fact that they cannot make decisions in some areas does not mean that they cannot make decisions in other areas, for example a dementia sufferer may be able to choose what they want to eat for their lunch but may not have the capacity to make a decision about what outfit they should wear. It is very important to always give the individual chance to make a decision and not just assume incapacity unless it has been proven that the person actually lacks capacity.
2.4 The needs of an individuals with...
