The Mental Health Act 1983 allows certain individuals to be detained in the hospital without their agreement in order to be assessed and treated, this can be applicable to those individuals with dementia. It also delves into the responsibilities that Health & Social Care providers have to those that are detained. Individuals can be detained in hospitals if they lack capacity or refuse to do so in order to be treated. Circumstances around this might be if there is evidence of self-neglect and they are essentially a danger to themselves.
The Dementia and Mental capacity Act 2005 protects people with dementia who may be unable to make certain decisions due to a lack of capacity. Furthermore, it outlines who is able to make decisions for them concerning matters about their health, well-being, financial affairs, and everyday decisions about their daily needs or requirements. It assists people with dementia and those around them in forward planning for the future.
Mental capacity is assessed in relation to specific decisions. This is because they may be able to make decisions pertaining to certain aspects but lack capacity for other aspects.
If an assessment for capacity determines that a person lacks the capacity to make certain decisions, and a decision is needed for the individual at that time, then a decision must be made for them. This decision is made in their best interests, however, it ensures that the person’s rights are respected and that the decision is the best one for them.
The decision should not be made so that it makes life easier for others, but the main aim is that of the individual alone. These decisions could be around daily duties such as personal care which carers or family can assist with, about financial related issues which an appointed attorney can assist with, or matters such as where they reside or their treatment which the appointed attorney or other professional such as GP, social worker can make a decision about.
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