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From Dementia Skilled Improving Practice NES/SSSC 2011
Module 5 April 2015 Dementia skilled – Improving Practice Module 5 : Supporting and Protecting People’s Rights Trainers Names April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011 From Dementia Skilled Improving Practice NES/SSSC 2011
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From Dementia Skilled Improving Practice NES/SSSC 2011
Learning outcomes Understand and apply the Charter of Rights for People with Dementia in Scotland to inform and develop your practice Understand the principles and provisions of legislation in place to protect people with dementia and their families/carers rights and choices and how this should inform your practice Understand the principles and provisions of policy and legislation that are in place to provide people with dementia and their families/carers with safeguards and protection, and how this should inform your practice April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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From Dementia Skilled Improving Practice NES/SSSC 2011
Learning outcomes Understand the principles of capacity and consent and how this applies to your role to inform and develop your practice Contribute to the assessment and support of people with dementia who may be experiencing neglect, harm or abuse Examine the concepts of risk and risk enablement in relation to your role in supporting people with dementia April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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From Dementia Skilled Improving Practice NES/SSSC 2011
The Charter of Rights for People with Dementia and their Carers in Scotland Read the summary of the Charter of Rights on Page 100 What is your personal view of these rights? Share your thoughts with a partner April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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From Dementia Skilled Improving Practice NES/SSSC 2011
What are principles? Basic Moral Rules Basis of our judgements and actions Help us think about our own attitudes and prejudices Use them to influence practice April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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Supporting and protecting people’s rights
Look at the table on Page 102 As a group discuss Is this useful? Would it be useful to have this in your work place? Are there other ways that this could be used? April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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From Dementia Skilled Improving Practice NES/SSSC 2011
Activity Refer to the first activity on page 103 which you were asked to complete Brainstorm as a group the benefits you have identified Is it useful to have the framework on Page 102 to help when family members are in dispute? April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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From Dementia Skilled Improving Practice NES/SSSC 2011
The Human Rights Act 16 basic rights that apply in Scottish Law Principles Equality Respect Dignity Fairness Autonomy April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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Adults with Incapacity (Scotland) Act (2000)
Creates a legal framework for making decisions on behalf of a person who does not have the capacity to make decisions It covers Person’s welfare Property Financial affairs Medical treatment April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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Capacity and Incapacity
The Adults with Incapacity Act defines incapacity as being incapable of: Acting Making decisions Communicating decisions Understanding decisions Retaining memory of decisions Capacity is not an all or nothing concept – a person may not have capacity at a particular point in time but t6hat does not mean that they will never have the capacity to make any decisions April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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From Dementia Skilled Improving Practice NES/SSSC 2011
Power of Attorney This is the name given to a person who has been granted the power to make decisions on behalf of the person who is incapable to make decisions on their own Continuing Power of Attorney Only manage finances and property Welfare Attorney Manage the personal welfare of the person Should always consider the least restrictive option April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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From Dementia Skilled Improving Practice NES/SSSC 2011
Intervention Orders Give permission for one off decisions that the person does not have the capacity to make Could be in relation to Property Finance Personal welfare April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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From Dementia Skilled Improving Practice NES/SSSC 2011
Guardianship Order Can only be applied for when the person is assessed as Not having capacity for decisions Has not appointed an attorney An intervention will not meet their needs It can cover Property Financial matters Personal welfare – including health Or a combination of the above April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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From Dementia Skilled Improving Practice NES/SSSC 2011
The Public Guardian Has duties to register Powers of attorney Intervention orders Guardianship orders To give permission to withdraw funds from a persons account Receives and investigates complaints Gives advice and information on request April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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The Mental Welfare Commission
Protects people who are assessed as incapable due to mental disorder Enquires into Any potential ill-treatment Deficiency in care or treatment Improper detention Possible loss or damage to the property April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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From Dementia Skilled Improving Practice NES/SSSC 2011
The Local Authority Supervise welfare guardians Investigate complaint Provide information and advice Safeguard property, financial affairs or personal welfare of the person Apply for an intervention order Prepare reports to accompany applications for intervention and guardianship orders Apply for intervention and guardianship orders Recall guardianship and intervention orders April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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Assessment of Capacity
Factors to be considered Information appropriate to the person’s ability to understand Ability to consider choices, reason and reach a decision Ability to receive information and communicate a decision Ability to be consistent in decision making April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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Consent to medical treatment
Refers to any healthcare procedure designed to promote or safeguard the physical or mental health of the person This could include Food and drinks, skin care, continence care, pain relief, mobility, communication, eyesight, hearing, dental care, oral hygiene and medication If a person is unable to consent to any of these the Doctor will sign: A treatment plan A certificate of incapacity April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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Adult Support and Protection (Scotland) Act 2007
Three point test Unable to safeguard their own wellbeing, property, rights or other interests At risk of harm Are more vulnerable to being harmed because they are affected by disability, mental or physical ill health April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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Orders under the Adult Support and Protection Act
Assessment orders Removal orders Banning orders Harm and abuse April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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From Dementia Skilled Improving Practice NES/SSSC 2011
Risk enablement Balance between Risk Autonomy Duty of Care Risk enablement plans Enable staff to support the person taking risks Maintain independence April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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From Dementia Skilled Improving Practice NES/SSSC 2011
Restraint Only used through the Adults with Incapacity Act Least restriction Clear Guidance Monitoring Review April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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From Dementia Skilled Improving Practice NES/SSSC 2011
The Equality Act Protected Characteristics Age Disability Gender reassignment Marriage and civil partnerships Pregnancy and maternity Race Religion or belief Sex Sexual orientation April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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From Dementia Skilled Improving Practice NES/SSSC 2011
Conclusion Thanks for taking part April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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From Dementia Skilled Improving Practice NES/SSSC 2011
For next time Write down any questions that arise between now and next session Read Module 2 Complete activities on page 35 April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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Thank you and we will see you on ………….. Contact Details
April 2015 From Dementia Skilled Improving Practice NES/SSSC 2011
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