BTEC Extended Diploma Health & Social Care Level 3
Describe legislation and frameworks which govern work with individuals with dementia:
In order to provide person centred care, a health care professional is required to put the patient
at the heart of the service they receive and involving them in the planning of their own care. In
terms of anti-discriminative practice this means actively promoting equality and the rights of
service users, ensuring the needs of others are met on an individual basis, with flexibility to suit
the individual. (Stretch and Whitehouse, 2007) The key parts which person centred care offer
include active support, promoting individual’s rights, offering choices and empowering service
users; this can involve acting as an advocate for vulnerable individuals, by doing so it means
they get their voice heard and they are not dismissed since they have the right to a choice.
Active support means that the care professional has to take the appropriate action to support a
service user or patient when they need assistance. However, this must not be done in a
controlling manner and take over from the individual; since this disempowers them. It isn’t
uncommon for patients to be reluctant to ask for help, there is the belief that ‘you can get
through it without the help’ of others. This means when putting this in to practice a sensitive
approach needs to be taken to keep their independence. To ensure that those with dementia
receive the “best” possible care there are a series of key pieces of legislation and frameworks
which govern how these individuals should be cared for.
The Enduring Power of Attorney Act (1985) enables powers of attorney to be appointed this
person is called an ‘attorney’ this person can then manage the property and financial affairs of
another person (the ‘Donor’). A lasting power of attorney (LPA) is a legal document that allows
individuals to choose a person (or people) they trust to act on their behalf if they no longer able
to make their own decisions. (OPG assets, n.d.) An LPA can only be used after its been
registered at the Office of the Public Guardian (OPG). The Office of the Public Guardian (OPG)
protects people in England and Wales who may not have the mental capacity to make certain
decisions for themselves, such as about their health and finance. (gov.uk, n.d.) There are two
types of lasting power of attorney one covering either or property and financial affairs or health
and welfare. However, individuals can choose to do both LPA at the same time this also allow
people to choose different attorneys for the categories if they wish to do so. Once the LPA is
registered with the Office of the Public Guardian, it can be used with your permission, even if
you're still able to deal with these things yourself. Alternatively, it can be held in readiness for
when you're no longer able to make decisions for yourself. (NHS, 2018) Prior to October 2007
this Lasting Power of Attorney system was called Enduring Power of Attorney (EPA); however, it
is essentially the same. In terms of applying for LPA it only takes a few weeks but “the LPA
forms need to be signed by someone, apart from your chosen attorney, to state that you have
the mental capacity to make an LPA. The forms also need to be witnessed.” (NHS, 2018) As the
symptoms of dementia get worse over time, individuals may no longer be able to make
decisions about things like finances, health or welfare. This is sometimes referred to as lacking
mental capacity in cases like this power falls to the LPA this emphasises the importance to have
this ready after having a diagnosis as it individuals do not make an LPA nobody will be able to
make legal decisions for them. (NHS, 2018) Another key part of care planning is ensuring that
the patient has set down their preferences, wishes, beliefs and values; as these can be used to
determine future care. This is called an Advanced statement and it needs to be in writing;
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