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Mental Capacity Case Study
Our mental capacity assessment is utilized to distinguish an individual's ability to decide on their
own. The Mental Capacity Act 2005 came into place in October 2007 and was brought in to protect
individuals who have lost the capability to make any decision on their own and to help others who
may lose this capacity in the future.
Mental capacity pertains to an individual's decision–making ability.
Signs mental capacity is diminished:
A person has been previously diagnosed with a clinical condition that causing cognitive
impairments. It has been shown that they lack the capacity to make decisions.
The person's behaviour raises doubt as to whether they have capacity for decision–making
Other points to recognize:
Loss of mental health capacity can be partial or complete, ... Show more content on Helpwriting.net
...
This may take place before a Will is made or can be used as a retrospective assessment tool,
following medical diagnosis and important notes to gain an understanding as to whether a person
was acting in free will at the time the Will was composed.
MedicoLegal Report Provides Psychiatric and Psychological Reports for the following:
Risk assessments
Sexual / Violent crime
Pre–sentencing reports
Personality disorders / Psychoses
Suggestibility and false confessions
Pre–sentencing and Probation reports
Criminal Responsibilities and Fitness to Plead or Stand Trial
Our services guarantee all instructions are taken care of with expertise, speed, and accuracy.
All our medico–legal reports are thoroughly checked for accurate presentation, the existence of a
clear prognosis and in compliance with the Civil Procedure Rules.
At MedicoLegal Report, we can also secure medical records and the required consent forms,
providing a fast and efficient collection
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Dem 211 Essay
DEM 211 Approaches to Enable Rights and Choices for Individuals with Dementia whilst
Minimising Risks
1
1.1
Key legislation: relevant sections from current legislation, eg Human Rights Act 1998, Mental
Capacity Act 2005, Mental Capacity and Deprivation of Liberty Safeguards 2005, Adults with
Incapacity (Scotland) Act 2000, Mental Health Act 2007, Disability Discrimination Act 1995,
Safeguarding Vulnerable Groups Act 2006, Carers (Equal
Opportunities) Act 2004, No Secrets' – government policy document
1.2
Agreed ways of working: use of active support; enabling individuals to maximise their own
potential and independence; use of advocates and interpreters to enable expression of views, wishes
and feelings; involvement of key people; ... Show more content on Helpwriting.net ...
[ It is more important to review tasks and the environment of the person with dementia to try to
prevent accidents rather than limit activity.
2
2.1
Provision of intimate care: use of screens; role of the chaperone; avoidance of unnecessary exposure
of the individual; avoidance of unnecessary comments; avoidance of interruptions by other staff
unless in an emergency; avoidance of discussion with other members of staff; use of same–gender
staff; providing explanations for the individual; identifying unprofessional behavior
2.2
1. Make sure no one speaks down to the person with dementia or treats them like a child, even if
they don't seem to understand what people say. No one likes being patronised. 2. Try to include the
person in conversations with others. You may find this easier if you adapt the way you say things
slightly. Being included in social groups can help a person with dementia to preserve their fragile
sense of their own identity. It also helps to protect them from overwhelming feelings of exclusion
and isolation.
2.3
Approach carefully (they may not remember you), back off if they become distressed, don't touch
them unless you are sure that it will be acceptable to them.......that sort of thing. Don't force them to
remember things, don't keep telling them that they forget things, don't keep correcting them, if they
become distressed don't try to
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The Impact Of Assessment On Care Planning And The...
The purpose of this reflection is to look at the impact of assessment on care planning and the
subsequent healthcare delivery based on its outcomes. The reflective model I am going to apply to
this reflection is Gibbs model (Gibbs 1988). The author of this assignment is currently a second year
Trainee assistant practitioner (TAP) working in an Inpatient Assessment and Treatment (A&T) unit
for adults with a learning disability and/or co–morbidity. In accordance with the skills for Health
(2013) Code of professional conduct, confidentiality shall be maintained and the names and places
will remain confidential and pseudonyms (*) will be used, for the purpose of this reflection the
patient will be referred to simply as"Lizzie". Description My current place of work is an inpatient
Assessment and Treatment (A&T) unit for adults with a learning disability and/or co–morbidity. I
work within a large inter–professional team who all provide input into the patients care and
treatment, the unit provides care for both male and female patients with a variety of complex and
specialist needs, most of the patients being detained under the Mental Health Act (1983). I will be
discussing the principles supporting the process of assessment in practice in a female patient with a
diagnosis of Autism and a moderate learning disability looking at referral, capacity and diagnostic
assessments. Feelings Prior to The Department of Health report "Transforming care" (DH,2014) I
had not thought that
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The Mental Capacity Act
This essay will discuss issues that nurses have to consider when caring for a person that either lacks
or have compromised capacity. At the same time, the author will explain important terminology in
the essay such as the meaning of consent, capacity, best interest, Deprivation of liberty, advanced
decisions, risk assessment, including several examples from experience during placement The
author will also discuss the principles of the Mental Capacity Act (2005) and the Mental Health Act
(1983) and how it protect an adult who is vulnerable and lacks capacity. Likewise, the author will
discuss ranges of nursing interventions, person–centred care, and ethical dilemmas. Due to
confidentiality and according to the Nursing and Midwifery Council (NMC) (2015) the patients in
the essay have been given pseudonyms names. Consent and Capacity Dimond (2009) and NHS
choices (2016) explained consent as the process involving a person giving their approval to accept
or refuse a treatment or interventions, after receiving detailed information from a health care
professional about the risk or benefits of the procedure. In order for consent to be deemed valid, it
needs to be given voluntarily without any influence or pressure from either a family member or
clinician. In addition, the capacity of the person is important when giving consent and the ability to
process the given information and make a decision. Tingle &Cribb (2014) agree, emphasizing that
the autonomy of the person giving
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Mental Capacity Act Nvq 5
THE FIVE STATUTORY PRINCIPLESThe five principles are outlined in the Section 1 of the Act.
These are designed to protect people who lack capacity to make particular decisions, but also to
maximise their ability to make decisions, or to participate in decision–making, as far as they are able
to do so. There is a lot of detail in the MCA but there are some key principles that are important to
understand. 1 All adults have the right to make decisions for themselves unless it can be shown that
they are unable to make them. This means that people must not assume that someone cannot make
decisions for themselves just because they have a particular medical condition or disability, or
because they are of a particular age or appearance. 2 ... Show more content on Helpwriting.net ...
OFFICE OF THE PUBLIC GUARDIAN A new public official, known as the Public Guardian
(appointed by the Lord Chancellor) is created. The purpose of the Public Guardian is to oversee how
procedures relating to capacity work in practice to ensure that those who lack capacity do not suffer
abuse. The Public Guardian is to have the following roles as set out in Section 58 (1): establishing
and maintaining registers of lasting powers of attorney and of orders appointing deputies and
supervising deputies; directing Court of Protection visitors to visit donors or donees of LPAs,
deputies or those appointing them; dealing with complaints about how an attorney or deputy is
exercising his powers. It is anticipated that the Public Guardian will work closely with organisations
such as local authorities and NHS bodies, and publish information describing his work. The Public
Guardian also has powers enabling him to examine and take copies of relevant health, social service
or care records and to interview individuals concerned in private. The work of the Public Guardian
will be scrutinised by a Public Guardian Board. WHAT PROTECTION DOES THE
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Consent In Nursing Essay
This essay will focus on the importance of consent in adult nursing and in child nursing. Consent is
a fundamental part of the nursing process and is a legal, ethical and professional requirement all
adult nurses are obliged to adhere to. Consent is important, as it promotes patient's autonomy and
human rights. It gives people the right to contribute to the decisions made regarding their care and
treatment, giving them the right to consent or refuse. Buka, (2015)
The first point of focus in this essay will be on consent within adult field and the guidance nurses
must be aware of. It will then discuss what makes consent valid and what guidance an adult must be
aware of where a patient lacks capacity.
The second focus will be of consent in child ... Show more content on Helpwriting.net ...
Child nurses can also use the Gillick and Fraser guidelines where assessing if a child is competent
and mature enough to make decisions regarding their healthcare. They should also refer to The
Children Act 2004 for the rights of the child.
The way in which they need to communicate will differ, as they will need to incorporate ways such
as play with children depending on the age. The communication from a child nurse will need to be at
a much lower level than with adults, unless there is a disturbance to the mind or brain of the adult.
Which determines a lack of mental capacity. MCA, (2005)
Ensuring confidentiality is essential in both fields, where consent is concerned it enables patients to
make decisions free from coercion from family and friends.
Consent is a fundamental part of nursing and all nurses must gain it before any form of healthcare is
carried out on patients. NMC, (2015). All patients have the right to make informed decisions
regarding their care and where they lack mental capacity, they still have the right for nurses to make
sure they are
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Unit 525 Inter Professional Working Essay
1.Understand the principles of inter–professional working within health and social care or children
and young people's setting.
1.1 Analyse how inter–professional working promotes positive outcomes for individuals.
Inter professional working is formed from different health and social care professionals working
together towards a common goal to meet the needs of a service user. It is about developing
relationships within and between organisations and services involved in planning and delivering
care and support to the service users we support. By working collaboratively it brings together
different types of professionals to share their particular knowledge, experience, skills, occupational
values and perspectives to improve service ... Show more content on Helpwriting.net ...
Good working relationships are built over time, this creates trust, respect and smooth running of the
service. This is apparent at reviews and other meetings when everyone involved with an individual
will be brought up to date with any progress or issues. Then any decisions or agreements can be
made because everyone involved has an opportunity to voice their opinions/concerns. This leads to a
positive outcomes supported by all involved. If there have been previous agreed actions not carried
out then this environment makes it easier to remind others of the things that need completing. Also if
others are having difficulties in fulfilling their agreements then they will find it easier to ask for
help. Respect for each other should be maintained, remembering that we are all working for the best
possible outcome for the individual.
There is a need to monitor and review working relationships, if conflict or lack of communication is
a problem there is a need to establish a reason for this and look for a resolution acceptable to all
parties and identify areas for improvement. One way to maintain a good working relationship is to
have regular contact not only verbal but face to face contact through meetings at least monthly, this
provides opportunity to discuss any concerns or maybe just have a chat about things in general, also
keep in touch via email and telephone. It can create problems if the only contact they have is when
there are problems as this may give
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Court Of Protection Case Study
The CQC must always be made aware of a Safeguarding Adults concern within a regulated service.
If the concern is reported to the local authority, the local authority must notify the CQC even though
the regulated service also has a duty to do so.
The Court of Protection deals with decisions and orders affecting people who lace capacity. The
court can make major decisions about health and welfare, as well as property and financial affairs.
The Court has power to decide whether a person has capacity to make a particular decision for
themselves. Make declarations, decisions or orders on financial and welfare matters affecting people
who lack capacity to make such decisions. Appoint deputies to make decisions for people lacking
capacity to ... Show more content on Helpwriting.net ...
Coroners are independents judicial officers who are responsible for investigating violent, unnatural
deaths or sudden deaths of unknown cause, and deaths in custody, which must be reported to them.
The Coroner may have specific questions arising from the death of an adult at risk.
The DOLS, implemented April 2009, provide a legal protection for those vulnerable people who are,
or may become, deprived of their liberty. Safeguards exist to provide a proper legal process and
suitable protection in those circumstances where deprivation of liberty appears to be unavoidable, in
the person's own best interests.
The Independent Safeguarding Authority (ISA) was created following the government's adoption of
the recommendations set out in the Bichard Report. The report stemmed from the inquiry in to the
tragic deaths of Holly Wells and Jessica Chapman in Soham in 2002. The ISA's to help prevent
unsuitable people from working children and vulnerable adults. They will do this through a system
of registration on which aims to ensure that every person who wants to work or volunteer with
children or vulnerable adults is cleared to do so before undertaking the role. They will also be
responsible for barring people from working children.
No secrets Adult Protection is a U.K. Government publication guidance on developing and
implementing multi–agency policies and procedures to protect vulnerable adults from abuse.
The
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Unit 40 Health & Social Care P3 P4 M2 D1 Essay
Enduring Power Of Attorney Act: This is for individuals who are lacking the mental capacity and
need somebody else to help them manage their legal, financial and health problems. The mental
capacity act therefore made it legal so that those who are unable to make their own decisions have
the ability to choose somebody who they feel they can trust to help manage their finances, properties
and to help make their health and welfare decision. This is done through the power of attorney. This
act links to individuals who suffer with dementia as within the late stages of dementia they will need
to give someone the power of attorney due to the fact that they will not be able to manage their legal
financial and health problems. Human Rights Act: ... Show more content on Helpwriting.net ...
Personal Data will be processed in accordance with the persons rights 7. Personal shall be kept
securely 8. Personal Data should not be transferred to any other country unless it has got an
adequate level of protection This act links to an individual who has dementia as if their personal
information at the doctors or in an elderly care home then these organisations need to ensure that
these eight principles are followed. Mental Capacity Act: This act is made to help protect those who
are unable to make decisions for them. This could be due to a mental health condition, a learning
difficulty or a brain injury. The purpose of this act is to allow adults to make as many decisions for
them as possible. For example, somebody with dementia might make a decision about whether they
want future medical treatment or not. This act links to people who are suffering with dementia as
within the later stages of dementia they are unable to make decisions for themselves and
consequently, the Mental Capacity Act ensures that the individual has somebody to make the
decisions for them. Safeguarding Vulnerable Group Act: This act is designed to stop any contact
between children and vulnerable adults who may have been harmed. The individuals who have
harmed them will be put on to a barred list and will be banned from going into contact with the
people they have harmed. This is where DBS checks come into place. This when somebody who is
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Nvq3 Assignment 304 Ai
Health and social care professions have in common the concept of a 'duty of care' toward their users.
This means that the wellbeing of the service user should be central to their work. All treatment given
must have a therapeutic benefit to the user or must be essential for saving life.
Service users should be given sufficient information about any treatment they are offered so that
they can make an informed decision about whether or not to take it. Information should include the
benefits and possible risks of the treatment, the likely duration of treatment and any financial costs.
The service user should also be given information on alternatives to the treatment being offered.
Mental Health Act 1983 generally, service users detained ... Show more content on Helpwriting.net
...
The Department of Health and the Social Care Institute for Excellence use the following definition
of 'dignity' in health and social care: "Dignity in care ... means the kind of care, in any setting, which
supports and promotes, and does not undermine, a person's self–respect regardless of any
difference." Professional associations often have their own definitions of what it means to treat
service users with dignity; in many cases, this is linked to the profession's 'duty of care' People
sectioned under the Mental Health Act and people with capacity issues must also be treated with
dignity: a 2007 amendment to the Mental Health Act has increased the penalty for professionals
guilty of 'ill treatment or neglect' of people under section. Service users covered by the Mental
Capacity Act 2005 must always be treated 'in their best interests', including attention to the beliefs,
values and wishes of the
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Mental Health Act Case Study
After introducing oneself to the patient, and going over the patient's records, capacity needs to be
established to provide person–centred care. The Mental Health Act 1983 has 5 sections, of which
Jamie has seen sectioned under section 2, which is upon admission to hospital the patient can be
detained for up to 28 days in the hospital for assessment requiring 2 Doctors and 1 approved mental
health practitioner (Lloyd M, 2012). Section 2 of the Mental Capacity Act (2005) outlined
"capacity" as being incapable of making decisions for yourself in relation to the matter because of
an impairment or a disturbance in the functioning of the mind or brain. The Act declares that in law
it is presumed adults have the capacity to make choices and requires proof if they remain unable to.
Jamie was examined by The Older People's Mental Health team (OPMH) and an ... Show more
content on Helpwriting.net ...
The NMC (2015), demonstrates to provide a high standard of care, written documents are significant
as they withhold valuable data and aid to notice any changes in the patient's health, and assuming
that the patient went to court, documentation is critical. The law case Ms. B v NHS Hospital Trust
(2002), doctors went against her wishes arguing she had no mental capacity but no documentation
was presented with the court ruling she did have the capacity and should have been honoured and it
was an unlawful act to have ignorance against the laws surrounding documentation. Ignorance of the
Law is no defence with both healthcare and the law in a consistent state of transition the health
professional has the obligation to be conscious of the affecting laws in her practice (Dimond, 2009).
The Human rights act (1998), states everyone has a right to their life being protected by law and
when there is no capacity doctors or power of attorney have a duty of a professional to take action in
the best interests of the
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Enable Rights and Choices of Individuals with Dementia...
Enable rights and choices of individuals with dementia whilst minimising risks Task 1 Key
legislations such as Human rights act 1998 Mental capacity act 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 Are all laws put into place to help
protect an individual from abuse whilst ensuring they can still for fill their right and maintain a
sense of individuality. If the person is in care the organisation will have policy's and procedures in
place to risk asses and ensure the protection of the carers, organisation and the individual from
danger, harm and abuse. Personal ... Show more content on Helpwriting.net ...
The ability to make decisions may fluctuate with someone with dementia due to the changing status
of the illness. Their capacity will deteriorate over time and situations they are in can determine their
mental state, for example if a person with dementia is tired or is put into a stressful situation they
can find it very difficult to comprehend what is going on and become frustrated and confused
therefore hindering their ability to make a decision. Knowing the persons past and present, wishes,
feelings, beliefs and values can help us to better understand and help them to make decisions. As
dementia worsens this can become more difficult as communication breaks down, this is where care
plans are important, this will contain all the information about the individual It is also helpful to
speak to family and friends to find the best ways to care for the person. Task 3 A conflict of interest
can be addressed between the carer and an individual with dementia whilst balancing rights, choices
and risk. People with dementia can have mood swings and there personality can even change
altogether. As carers we need to set boundaries to keep a person safe without infringing on a there
rights, which can be difficult, especially in the advanced stages of dementia but there are some
effective techniques to aid. Set a positive mood for interaction A persons attitude and body language
communicate feelings
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Mental Capacity Act 2005: Informed Consent In Health Care
In the world of medicine, consent is an ethical and a legal agreement between patient and their
health care provider; to participate in but not limited to research trials or to obtain medical or
surgical interventions. Consent generally is expressed or implied. Express consent can be an oral
declaration or it can be provided by printed document. (informed consent). Nevertheless, consent is
not an independent entity. It does not function on its own. It works in conjunction with capacity.
Spike 2017, stated informed consent is the single most important concept for understanding
decision–making capacity. This is measured by a patient's ability to understand, retain, process and
re–communicate the information provided by the medical professionals. Consent and capacity are
units like a lock and a key, one does not proceed without the other – they have a codependent
relationship. These tools are powerful when they are working in unison, doctors are able to issue the
necessary treatments and in return patients are able to receive life altering procedures. Consent and
capacity ... Show more content on Helpwriting.net ...
The Mental Capacity Act 2005 is a law that empowers and informs vulnerable people ages 16 years
and older about their rights to make medical decisions regarding themselves. Whenever someone
encounters a mental impairment resulting in his/her inability to make sound medical decision, the
mental capacity act provides the help and support needed for decisions made on behalf of the
patient. It is fundamental that the best interest, well being and patient wishes are central in the
decision
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Mental Capacity Act 2005 Essay
Mental Capacity Act (2005), was a legislation set up to pinpoint statutory rights of people who may
lack capacity for either, because of brain acquired injury, dementia or temporarily impaired. This Act
places individual's at the heart of decision making and making 'Unwise decision is not an indicator
of lack of capacity'. Criticism of the legislation at the Houses of Lords stated that the Acts lacks
ownership (Lords Selects Committee, 2014). It stressed many professional bodies are involved in its
implementation and no leadership, Mental Capacity Act (2005) was set up to empower, protect and
support people who lacks mental capacity. Family, carer, and professionals need to understand more
fully, more clearly their legal rights and responsibilities. Partnership and Decision making process
The Care Quality Commission David Behan, chief executive states if someone has dementia or has
learning disability, they can still contribute to decisions about their care. If the Mental Capacity Act
(2005) is implemented properly, people will receive appropriate care or if not properly executed,
people who are deemed to lack capacity can be denial of their ... Show more content on
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It empowers people who suffer from dementia, brain injury or other temporary impairment to take
important decisions of their own lives whenever possible without having to rely upon decision being
taken on their behalf by others. It was described as a positive progress and a wonderful piece of
legislation (Lords Select Committee, 2014). According to the House of Lords report publication
(2014) a 2000 page document which included 200 written submission and 50 witnesses, stated that
the Mental Capacity Act (2005) the implementation is generally poor especially within the Health
and Social care settings, either they were lack of knowledge about the Act or are lacking knowledge
in implementation of the legislation
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To Consider the Influence of Legislation in Relation to...
Use the case study to illustrate your understanding of the influence of underpinning legislation in
relation to how social care intervention could improve their quality of life.
To consider the influence of legislation in relation to social care, the case of Mary who has been
diagnosed with dementia will be used to explain how legislation is used. Within social work, law is
very important as it is used to provide guidance and duties for the local authorities and professionals
in how to proceed with a case.
In this case social care intervention would be appropriate for Mary as she has significant care needs.
She is often confused by her surroundings, she needs assistance during the night, and she is at risk of
neglecting herself and ... Show more content on Helpwriting.net ...
There are many things that must be taken into account when making these decisions. Considerations
must be taken of the wishes and feelings of the service user, any beliefs or values that the service
user may hold; such as Marys religious beliefs and also the information given by carers or family
that know the service user well (Brammer; 2010, 483). In this case the decision made is for her to go
to a residential home that is nearer to her daughter so that she is able to see her regularly; this is a
catholic home which would suit Mary's religious beliefs.
For a carer or professional to decide whether or not someone who lacks capacity should go into a
residential home, the Deprivation of Liberty Safeguards (DoLS), is used to ensure that this decision
is lawful. This is introduced in the MCA 2005 and in this case Mary is unable to make reasonable
decisions regarding her welfare due to her lack of capacity (Johns, 2009, 35–36). However, the
decision to place Mary in a residential home is depriving her of her liberty which is a basic human
right, as stated in the Human Rights Act 1989. The DoLS legislation allows carers and/or
professionals to be able to act to ensure that "a care home or hospital only restricts someone's liberty
safely and correctly, and that this is done when there is no other way to take care of that
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Does The Mental Capacity Act Restrict Or Enhance Personal...
The aim of assignment is to answer the question 'Does the mental capacity act restrict or enhance
personal freedom and autonomy?' This assignment is mainly focused on the Mental Capacity Act
2005 with emphasis on the rights being judged as having or lacking capacity to make appropriate
decision for self and relating it to the condition chosen that will be discussed in the essay. The Act
highlights the key principles and how it protect the patients who lack capacity and are prevented
from making certain decisions about their lives on a temporary, permanent or basis decisions which
are being made on their behalf. This Act supports the concept of assessment and a decision making
process that is evenly to service users' legitimate rights, liberty, empowerment and autonomy, while
the decision–making framework for clinicians has been clarified and codified and patients' rights
enhanced (Donelly, 2010). Speker and Scully (2008) stated that the Act sets out decision specific
standards that define the assessment of capacity and best interest principles to improve the decision
making for patients that is believed to lack capacity. The Act put out the justification that patient
undergoing serious treatment must have an independent mental capacity benefactor in the absence of
any appropriate person to consult in determining the client's interests, underpinning the legal
significance bestowed on the patient's rights, autonomy, liberty, and empowerment. If there is no
independent
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Learning Disability Nursing Issues
This essay will look at the issues which influence mental health and learning disability nursing
practice. The issue which will be the focus of discussion will be dignity. The ways in which patient
dignity can be maintained will be identified within both fields of nursing along with the threats to
dignity. The Mental Capacity act 2005 (MCA) will be discussed throughout the essay as it is of
importance within each field of nursing. The Human Rights Act 1998, The Mental Health Act 1983
and the Nursing and Midwifery Code of Conduct (NMC) will all be considered in relation to Mental
Health and Learning Disability nursing. The two fields of nursing will be compared in regard to
similarities and threats to dignity, along with nursing practice ... Show more content on
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Such as offering choice and control, where possible, asking about what support is needed and
ensuring the individual is involved at all stages of the care planning process. This may take more
time to prepare and using alternative or additional methods of communication, such as the use of
pictures and symbols can aid communication in some circumstances. Improving Health and Lives
(2012). A nurse will need to allow sufficient time when meeting with a patient, affording the
individual a dignified experience, by providing time to adapt to a situation and process information.
RCN
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Mental Capacity Act 2005 Case Study
Based on the question given, it required to discuss about consent and capacity of an adult. Under s1
Mental Capacity Act 2005 , it applies to people over the age of 18. Since Haatim is 25 years old so
he can be counted as an adult. The situation that he faced is whether he had capacity to decide
whether accept or refuse the treatment that suggested by doctors.
In general rule, every adult patient should be given consent to medical treatment but it would be
unlawful if medical professional touch a patient without consent. Therefore, consent is very
important under medical treatment. The consent must be given voluntarily by someone who has the
capacity to consent and who understands what the treatment involves which known as informed
consent. ... Show more content on Helpwriting.net ...
Advance decision would not be valid if the patient withdraws it when he has capacity or acted in a
way inconsistent as per HE v A Hospital NHS Trust . It is vague to define the action was
inconsistent. Hence it came to a conclusion that any inconsistent action would invalidate the
decision due to the failure to specify when inconsistent conduct should take place . It is submitted
that Haatim did not withdraw his advance decision when he had capacity and did not have
inconsistent action, so his decision still valid. Advance decision must be applicable. The advance
decision would not count as applicable if the person did not anticipate the circumstances exist when
he made the advance decision which could affect his decision. It is arguably that when Haatim made
the advance decision, he might not foresee that there have been developments in medical treatment
to treat him except for inserting the microchip into the brain and change the blood's colour. Hence,
the advance decision might not applicable so the doctor should treat in his best
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Complexity Of Law In Health And Social Care
Societal attitudes, legislation and government changes are some of the main factors which contribute
to the way in which the law is developed and enforced within the arena of mental health. The legal
framework in which the health and social care practitioner works is complex, and there are many
different laws, powers and accountabilities which need to be taken into consideration when working
with individuals who have poor mental health. This assignment therefore aims to identify and
critically evaluate the complexity of Law within the mental health arena in which the health and
social care practitioner works. The Cambridge dictionary defines law as "a rule, usually made by a
government that is used to order the way in which society behaves" ... Show more content on
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Following the Francis report which highlighted poor care within health and social care services, an
independent review was carried out into Health Care Assistants and support workers. The Cavendish
report identified 18 recommendations in areas such as training, education and support. As a direct
result of this review, The Care Certificate was introduced which requires all new starters after April
2015, to complete a set of competencies before they are able to work unsupervised (Cavendish
review, 2013). It stated that it should be completed with 12 weeks and is quality assurance and
certification remains the responsibility of the employers (NHS Employers, 2015). Although this has
set a precedent for future HCA's within the NHS employees, it still doesn't address the need
competency based training and support for all of the HCS' employed before the introduction of the
Care
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Law For Social Work Practice : Adults And Carers Case...
7SO004 Law for Social Work Practice: Adults and Carers Case Scenario
Mrs Durant would be considered a vulnerable adult based on the guidance outlined in 'No Secrets'
(Department of health (DH) 2000) due to her age, disability and her inability to take care of herself.
Within safeguarding adults, no specific Law is currently implemented, which means each Local
Authority (LA) will have their own policies that need to be adhered too.
Social Work Intervention part 1: Current hospital admission Prior to her admission to hospital, Mrs
Durant only received support and care from her neighbours, despite being eligible for community
care services. Upon discharge from the hospital, under s.2 and s.5 of The Community Care (Delayed
Discharges etc.) Act (2003), the National Health Service (NHS) acted on their duty to communicate
their concerns, the need for community care services and a discharge date to the LA. Information
about Mrs Durant would be minimised to retain confidentiality and minimalize bureaucracy. Once
delivered the social services would have a duty to assess Mrs Durant within three days. All duties
are compulsory and must not be avoided.
The LA has a duty to prevent ill treatment towards adults, and case law is present that allows them
to use their powers to protect vulnerable adults from abuse and neglect. The statute law, placing a
duty upon the LA to assess Mrs Durant's needs is located in S.47 of NHS Community Care Act
(NHSCCA) (1990). Therefore, health and
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Professional, Legal and Ethical Issues in Person-Centred Care
Professional, Legal and Ethical issues in person–centred care
For the purpose of this assignment the student will be discussing and analysing the professional,
legal and ethical issues that influenced how person–centred care was delivered to a patient in an
acute psychiatric hospital where the student was working. In accordance with the Nursing and
Midwifery Council (NMC) (2010) the patient will be referred to as Sarah to uphold confidentiality.
During a shift at the hospital the student attended a manager's ward review. The student listened as
approved mental health professionals (AMHP) discussed the wellbeing of patients who were being
cared for in the hospital. AMHP's are mental health professionals who have specialist training in ...
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It was clear to the student that the answer to these questions was 'no' because schizophrenia affects
the way a patient thinks, feels and behaves which makes it more difficult to distinguish between
what is real and unreal. (National Institute of Mental Health (NIMH) (2012)
Sarah's doctor also have a professional duty to adhere to the ethical principles of beneficence and
non–maleficence (Wilmot (2003) Beneficence is the act to 'To do good' whereas;
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Radical Health Promotion Research
The role of the nurse specifically in terms of health promotion is to encourage positive changes in
the health of people with learning disabilities. Health promotion has four main approaches and these
are known as educational, preventative, self–empowerment and radical (Bright 1997). Bright
clarifies that educational involves providing information to empower people with learning
disabilities to make more informed health choices. Preventative deals with changing behaviours to
avoid disease and illness. Self–empowerment concerns the growth of the individual. Lastly Bright
discusses how radical health promotion is a systematic approach used by the government who
usually seek to make social and economic changes to improve the health of people with
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Mental Capacity Act
Mental Capacity Act The Mental Capacity Act was passed in 2008 in Parliament so that
Singaporeans can appoint proxy decision–makers before they become mentally incapacitated by
illnesses like dementia or brain damage. The Act, which came into force on 1 March 2010, is
broadly modelled on the UK's own Medical Capacity Act 2005 (Gillespie, 2010) and individuals can
do so through a new statutory mechanism called "Lasting Power of Attorney" or LPA – which
enables adult individuals to prospectively appoint one or more persons they trust, to act and make
decisions in their best interests, in the event that they should lose mental capacity (MCYS 2010).
Many have welcomed it as a timely measure to address the social realities of a fast ageing ... Show
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nutrition, hydration and pain relief? Advance decisions to refuse treatment are not as yet widespread
in medical care, but are undoubtedly encountered more frequently (Cowan 2007). The concept of
what is in the best interest of a person may be new or difficult to appreciate and operationalize.
There will be occasions when the decision–maker might be faced with strong opposition from other
members of the family whose interests may not be aligned. When multiple clients are involved, the
same question arises: who is the primary client, and therein, whose goals should be identified,
clarified, and pursued? This question is especially poignant when differing goals appear to conflict,
as in some cases. There is a need to know whether it is the client's best interests or her rights and
freedoms that ought to be given greater weight and so which ought to act as a constraint on the other
(Herissone–Kelly, 2010). And even when a primary client can be identified, an important
consideration is whether the client's desired decision can be considered when she is mentally ill and
who should be socially responsible for such decision? The holistic approach to the determination of
the best interests of a person who lacks decision–making capacity is further enhanced by the
requirement that decision makers consult with others about care and treatment. (Griffith & Tengnah,
2008). The Act provides a checklist of common factors that must be taken into account before a
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Is Hospital Admissions For Adults With A Learning Disability?
Prior to The Department of Health report "Transforming care" (DH,2014) I had not thought that
hospital admissions could be perceived as restrictive practice and was not aware of the potential
legislation put in place to safeguard vulnerable adults and the health inequalities faced by adults
with a learning disability (Emerson, Baines, 2010). I have been more involved in decision making
by following the Transforming care program which focuses on providing the best care for adults
with a learning disability or co–morbidity. (DH, 2012) Being involved in this process gives me a
feeling of involvement and understanding of why robust assessments are necessary to obtain the
desired outcome. Evaluation Assessment is the collection of subjective, ... Show more content on
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Also environmental risks, location, family members, risk to self, others and the general public.
Many specific considerations have to taken before admission, capacity, gender issues, patient group
dynamics, environmental factors, suitability, facilities/equipment required, age, ethnic/cultural
requirements, safeguarding issues, costing and desired outcomes. Alongside the referral process is a
Care and Treatment Review (CTR) these are in accordance with recommendations from NHS
England (2015) and Clinical commissioning groups (CCGs). This admission assessment process is
underpinned by NHS England's Improving lives team and follows recommendations made in The
Winterbourne view report (DH, Transforming care, 2012). This process looks at both subjective and
objective data. Any patient not meeting the assessment criteria would be signposted to a more
appropriate service. Following the Winterbourne view report the least restrictive option would be
chosen.(DH, 2012) These frameworks look at whether the service best meets the individuals needs.
This is a shared decision process between two or more Health professionals. (NHS England,
2015.Homes not Hospitals) Analysis
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A Reflection On The Mental Capacity Act
My chosen reflection piece is on ageism, see appendix one. I will provide evidence reflecting the
links between diabetes and depression, which will form my chosen seminar topic, see appendix two.
I will then critically analyze the mental capacity Act (2005) and relate it to my specific scenario, see
appendix three. I will explore how nurses the Act within nursing practice, decision– making, and
how we access a person's capacity to make specific decisions. I will explore any ethical issues that
may arise following the principles of Mental Capacity Act (2005). My reflection piece is based on a
situation I observed during practical placement on an elderly ward. I observed an elderly patient
with her family, whist the patient was getting assessed, to determine if the patient was suffering
from severe memory loss. She received a cognitive examination and a mental capacity assessment.
During these assessments the family were answering on behalf of the patient. I believe that the
family felt that due to the patient's age, she was incapable of answering for herself. This completely
disempowered her. (To see full reflection piece, see appendix one). The key issues that I am going to
discuss from my reflection are disempowerment due to a person's age where either their family or
care giver answer on behalf of the elderly patient and deny the patient of their own voice. Emotional
problems are a common in the elderly and this particular psychological aspect often goes unnoticed.
There
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Adult Nursing And Midwifery Council Code Of Consent
Introduction
In this assignment I will be discussing Adult Nursing and Mental Health Nursing and issues
regarding consent. Consent is important within all fields of nursing as it is essential to conduct any
medical procedures. The Nursing and Midwifery Council Code of Conduct (NMC,2008) states that
all healthcare professionals must presume that all patients have the mental capacity to accept or
deny medical treatments after being given all information which may be needed. However there
may be some instances where consent cannot be obtained. An example of this is if the patient is in a
medical emergency and may be unconscious or if the patient lacks the mental capacity to make a
knowledgeable choice. In this situation treatment would be ... Show more content on
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This information must be easy for the patient to understand and must also be correct and truthful
(RCN 2013). The Department of Health define consent as allowing a capable individual to make
their own decisions about their health care without being pressured into making any decisions from
others such as friends, family and health care professionals. In the adult nursing field it is legal and
ethical to gain valid consent before starting a medical procedure, or providing care. This shows that
the individuals rights have been respected which is good practice. If a healthcare professional did
not respect an individual's choices they could be accountable to legal proceedings. In common law
touching or performing an act of care on a patient without valid consent can be classed as a criminal
offence or battery. If a healthcare professional was not following the legal practice regarding consent
then the individual may be faced with a criminal offence and disciplinary action will take place
(Dimond 2009). The Human Rights Act states that all healthcare professionals should never judge
an individual on their sex, race, religion, social origin, language or any other status. The Nursing and
Midwifery Council (NMC) states that all nurses must support a patients' rights to be involved in
decisions about their own care, it is extremely important to give sufficient information to
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Deprivation Of Liberty Safeguards : A Best Interest...
DEPRIVATION OF LIBERTY SAFEGUARDS A Best Interest Assessment The Mental Capacity
Act (MCA) 2005 states that "an act done, or decision made, under this Act, for or on behalf of a
person who lacks capacity must be done, or made, in his best interests'. The Deprivation of liberty
safeguards are a legal framework introduced into the mental capacity act 2005 (MCA) by the mental
health act 2007 (MHA). This legislation protects the rights of people in care homes or hospitals,
where the care is imputable to the state, who lack capacity or have a mental dysfunction to make
decisions regarding their care and treatment (Jones, 2008 p 383). DOLS ensures against arbitrary
deprivation of liberty (dol) which was identified in the Bournewood Case ( HL v UK 45508/99
(2004) ECHR 471). The judgement in this case determined that in order to adhere to the ECtHR,
lawful detention needed to meet Article 5 (1) that requires a 'procedure prescribed by law' and
Article 5 (4) which requires a means to apply to a court to see if deprivation of liberty was unlawful
(dols code of practice 2008). As such, the DOLs are designed to protect the rights of people who fall
within the scope of the act. The aim of this assignment is to evidence a critical analysis and
evaluation of professional development having attended structured learning events on the
Deprivation Of Liberty Safeguards (DOLS) and the best interest assessment process. To demonstrate
the required learning outcomes, I would like to use the case
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Psychological Vulnerability: A Case Study
The purpose of this assignment is to analyse how biological, psychological, and social factors can
increase an individual's psychological vulnerability. Analysis of the nursing process will reflect the
importance of evidence–based practice. Furthermore, the role of the learning disability nurse will be
highlighted, considering legislation, policy, and professional regulations, in relation to the
psychological needs of people with a learning disability and the complexities involved. The bio–
psycho–social model (Engel, 1980; 1977), suggests that interlinking biological, psychological, and
social factors are influential to the health and well–being of individuals. This model will be applied
to identify the needs of an individual from a case study.
From the case study, the pseudonym Rob will be used to adhere to confidential practice (ICO, 2018;
Nursing and Midwifery Council, 2015; Department of Health, 2010; Data Protection Act, 1998).
Informed consent must be obtained from the individual; capacity to consent is based upon a two–
stage test and must follow the five principles of the Mental Capacity Act (2005). If an individual
lacks capacity to consent then a best interests decision can be made on their behalf (Royal College
of Nursing, 2017; Nursing and ... Show more content on Helpwriting.net ...
Rob's father also died when he was younger. Rob has no history of mental illness, however repeated
significant life events such as bereavement and loss can increase the risk (Hatton el al., 2017).
Unmanaged psychological distress can have long term complications, such as the development of
mental illness, cardiovascular diseases, cancer and stoke (Aalbaek et al., 2017; Behan et al., 2014).
The combination of physical and mental health conditions can impact on independence; reducing
ability to attend to activities of daily living (Pearce, 2017) and increasing the risk of social exclusion
(Gilmore,
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Personal Awareness In Personal Practice
As a mature, non–judgemental, compassionate and empathic individual, I consider myself to possess
a natural flair for putting people of all ages and backgrounds at ease so they feel comfortable
opening up. I strive to constantly remain friendly, warm, genuine and honest with the belief this
makes me a more likeable and approachable person. Conversing utalising my strong active listening
skills creates a beneficial effect upon my practice as I find it relatively easy to build trusting rapport;
a result which is particularly vital to properly comprehend, assess and intervene with the
complexities occurring within service users' lives. Within my work history, I adapted my approach
with tools and techniques to have meaningful and informative conversations tailored around
people's individual needs, age or ability, including direct work with children, using interpreters for
those with poor English and involving carers of people with limited capacity. Being flexible and
intune to both verbal and non–verbal communication styles allows for the wishes, thoughts, feelings
and values of diverse service users to be heard, understood and actioned upon, in line with all
essential legislation. Effective practice is evident within my volunteering when the demeanour of
older carer alerted me to a concern. The husband had not spoken about anything troubling him,
however, his body language suggested otherwise. Using an open questioning style, I explored the
problem and discovered the husband was upset about the quality of the respite provided to his wife,
whom had severe dementia. The man was distraught, believing that his wife of 60 years was lacking
any mental stimulation in respite and this was resulting in frustration and behavioural change on her
return. Nevertheless, despite personally informing those with authority about how he struggled to
manage the situation, the man was at a loss how to proceed since nothing happened to reverse the
situation. Having observed the protective factor in the loving, mutual bond the couple shared and the
evident stress they were clearly under, I advised about the right to have an input in personalising his
wife's care plan. Working around the Mental Capacity Act 2005, I failed to
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Safeguarding Assessment Essay
My Line Manager and I both reflected on our concerns and analysed what we felt about the situation
and agreed these concerns needed to be raised immediately with 2's Care Co–ordinator. Once I
contacted the Care Co–ordinator we reviewed again the circumstances around 2's vulnerabilities. I
wanted to ensure that I had made both my line manager and the Care Co–ordinator aware of the
factual information I had been given whilst also seeking a multi–discipline professional judgment on
what was the best course of action to take. This would also help me evaluate and analyse 2's current
safeguarding opportunities such as Community Mental Health Team (CMHT) involvement and
balance the safeguarding concerns of a vulnerable adult with the probability ... Show more content
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The following day a member from the agency contact me to discuss the referral into more detailed
information on 2. The agency member informed me she would be referring the matter to the CMHT
to make a further assessment. Following this an Initial Strategy Meeting was arranged under the All
Wales Policy and Procedures for the Protection of Vulnerable Adults. The meeting consisted of a
multi–disciplinary team who worked with 2. We were all able to assess 2's current circumstances
such as his home environment, current mental health state and the support 2 already receives. The
outcome of the meeting was concluded that 2 has the capacity to be able to say no to the alleged
people who were harassing him for money and report any such harassment to the Police. An action
plan was devised where each professional would have a responsibility to help support 2 to stop
giving his money away or to report harassment to the Police. The referral was closed on the basis
that the professionals involved would follow through with the action plan. For me and my team we
were to continue to monitor and review 2's behavior and encourage 2 to approach staff or contact the
Police if he ever feels threatened or vulnerable towards others. In some respect I appreciate that the
multi–agency team have assessed the information they have received and concluded that 2 does
have capacity and in
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Reflection Upon an Incident Essay
Reflective Practice is a continuous action that directly affects anyone who is a practitioner. Jasper
(2006, p. 53) argued that the benefit to the profession is in the development of the nursing
knowledge base and in the recognition that nurses are contributing to both patient care and improved
practice. Further, Jasper (2006, p. 43) explains that Reflective Practice is the foundation upon which
reflection and reflective learning are based. Jasper illustrated this process graphically with the
following Reflective Process equation. Experience + reflection + learning = change in behaviour/
action The following paper is a critical reflection based upon an experience I had as a student mental
health nurse upon a recent placement. The ... Show more content on Helpwriting.net ...
I shall refer to the client whom I worked with as Jane however, due to the aforementioned the
gender of the client should not be deemed as either factual or an alteration. On starting my
placement within an assisted living home, I was introduced to a number of clients' including Jane.
Jane was a 40 year old woman who, I was told, had suffered oxygen deprivation at birth which
consequentially resulted in irreversible brain damage, (Gates 2002; Scott 2006; Zastrow, Kirst–
Ashman 2009). The damage sustained by Jane at birth was cited as being what caused her to have
regular epileptic fits, Devinsky (2008), a gross reduction in her visual acuity, Roman–Lantzy (2007)
as well as severe deficits in Jane's cognitive perception, Heinrichs (2001) and intellectual capacity
and understanding of the world around her, Mangal (2008). Like many of the other residents of the
house, Jane was on long term daily medication, primarily due to her epilepsy, Falvo (2005). Jane
needed continual help with all her basic everyday living needs such as dressing, washing and eating
meals. With regard to her medication management it had previously been deemed appropriate within
a multi disciplinary meeting (MDT) of all individuals involved in Jane's care to administer
medication with her food. This was documented and agreed with Jane's mother who maintained an
active interest and input into all of Jane's
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Summary: The Mental Capacity
MCA (2005) states ensure that the treatment chosen is necessary and it might be necessary to choose
an option that is the least restrictive only if it is in the best interest of the patient. At one point the
doctor wanted to Sara to be admitted into the hospital. According to Jootun and Pryde (2013)
dementia can have a major influence on the individual's ability to make sense of the environment.
The nurse informed the doctor that placing Sara in a completely new environment would only make
the situation worst. It was then decided that it would be best to treat Sara at home. The nurse and
doctor came to a conclusion that a less restrictive option was for the doctor to prescribe Sara with
antibiotics to treat the cellulitis. The Mental Capacity
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The Mental Capacity Act 2005
Answer: Introduction: The Mental Capacity Act 2005 (MCA 2005) introduced a statutory
framework for advance decision making in England and Wales building upon the common law
recognition of advance decisions. Academics considered that a bias may operate against upholding
advance decisions refusing life–sustaining treatment 1. It's commonly felt that judges usually give
decisions favouring preservation of life and making advance decisions invalid on various grounds.
Recent case–law indicates that a high level of specificity is required for advance refusals of life–
sustaining treatment and, in some capacity must be demonstrated at the time of making the decision.
This essay will argue the legal back ground of the advance decisions and relevant case law. There
are suggestions that advance care planning (ACP) instead of advance decisions (ADRT) may be
more helpful when it comes to the practice of law on ground 2. The Mental Capacity Act 2005: The
MCA 2005 introduced the statutory framework for the advance decisions as follows: "A decision
made by a person ('P') after he has reached 18 and when he has capacity to do so, that if – (a) at a
later time and in such circumstances as he may specify, a specified treatment is proposed to be
carried out or continued by a person providing health care for him, and (b) at that time he lacks
capacity to consent to the carrying out or continuation of the treatment, the specified treatment is not
to be carried out or
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Zimbardo's Experiment, Studying The Way ' Prisoners ' And...
Likewise Zimbardo's (1971) experiment, studying the way 'prisoners' and 'guards' interacted,
demonstrated similar ethical failings, such as consent gained without individuals being made fully
aware of the involvements; physical, emotional and psychological harm subjected; violation of
rights, including privacy, respect, confidentiality and the ability to withdraw (). Fascinated by the
volume of ordinary individuals who executed terrible things to others during WWII, Zimbardo
predicted that all people, even the good, had the potential to conduct malevolence when sited in the
correct environment (Haney et al, 1973). In a mock prison participants were recruited to play a role,
half as prisoners and the rest as guards. Both were dressed accordingly, with the guards wearing a
uniform with mirrored sunglasses which promotes anonymity as their emotions are obscured, but yet
denotes their position of power and authority. According to Zimbardo (2000) these 'conditions of
deindividuation' allow for the facilitation of evil. Subsequently it becomes acceptable to enforce
measures which degrade prisoners of their self–respect, including being stripped, deloused and
ordered to carry a chain around their ankle, whilst the mandatory wearing of a smock and a cap
made from a stocking demoralized them as it impacted upon their masculinity. Additionally, not
only were prisoners assigned a number by which they were referred to, denying them of their
identity, but each area of their daily
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(NMC) Regulates Standards For Health Profession
The Nursing and Midwifery Council's Code (2015) (NMC), regulates standards for health
professions nationally, Nurses must practice with confidence in accordance to the code of
professional standards and within recognised ethical and legal frameworks. The central thesis of this
paper is to explore how these principles within the code differ amongst professions and how
working as interprofessional teams in care setting impacts upon care given. The Case study used
with the paper is based upon a past clinical situation. To safeguard the patient's identity and respect
confidentiality, they will be referred to as 'Maureen'. The NMC (2015), and The Data Protection Act
(1988), state all personal information including the patient's name is considered ... Show more
content on Helpwriting.net ...
This legal document links to the Mental Capacity Act (2005), as you must have the capacity to
make, understand and communicate your decision when it is made, clearly explaining which
treatments you refuse and why you wish to refuse them. The Act also explains a patient has capacity
till a doctor has assessed them as having no capacity the Doctor, the doctor then has the final
decision even if a Power of Attorney is involved they are not above the doctor, but doctors cannot
legally consent on behalf of their patients they must take the responsibility for the decision. The
Mental Capacity Act (2005), set five principles under section 1, with the underlying key that if the
patient has capacity their right to refusal is prioritised over a health professionals opinion. Griffiths
(2017,) argues that an advance decision can be made verbally where they are to apply to life–
sustaining treatment section 25 of the Mental Capacity Act (2005), requires it to be in writing,
signed by themselves or on behalf in their presence, witnessed, and verified by a statement. Patients
can also make a non–legally binding Advanced Statement, explaining your wishes that are important
for you to feel comfortable (Compassion in Dying, 2014). Dimond (2016), notes the right to refuse
is a basic principle of law in the UK of which the court of appeal has emphasised that providing the
patient has necessary mental capacity they can refuse to give consent for a good, bad or no reason at
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Difference Between Mental Health Act 2007 And 2007
Mental Health Act 1983 and 2007, for somebody to be treated as mental illness or mental disorder
the Mental Health Act must also be involved. The Mental Health Act was started in the 1983 and
was then amended in the 2007. The Mental Health Act 2007 was also amended the Mental Capacity
Act 2005. The Mental Health Act 1983 was covering the following mental health disorder such as
mental illness, mental impairment, severe mental impairment and psychopathic disorder. Then it was
later amended in Mental Health Act 2007 which has provided a definition of a 'mental disorder' has
does two things by improving the understanding of who can be treated under the Health Act and has
increased the number of illness and disorders that can lead to the detention
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Unit 4222-302 Engage in Personal Development in Health,...
Unit 4222–302 Engage in Personal Development in health, social care or children's and young
people's settings (SHC 32) Outcome 1: Understand what is required for competence in own work
role 1, Describe the duties and responsibilities of own work role. On a day to day basis the daily
jobs are as follows: Daily weekly jobs Am Check money tins Visual check of home and exterior
Support clients in Breakfast Support Clients in getting up and showering if needed Medication at
9am Handover form Early to Mid shift if needed Support clients in their jobs Own administration
jobs to be completed throughout day inc SWIMS, Time Sheets, Emails, objectives, my way forward
etc. Link working with clients Answer phone, and complete ... Show more content on
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This includes following instructions and undertaking training to ensure compliance. To make the
Service Manager and/or Senior Registered Support Worker aware of any safety issues requiring
changes to the clients safety plan. Use of hoist or other specialist equipment to be undertaken after
appropriate training and within health and safety guidelines To implement and adhere to policy and
practice in relation to health and safety in all aspects of the post holders work. To adhere to the post
holders own responsibilities for health and safety within the workplace and to colleagues, service
users, and the general public. To administer prescribed medication according to the RCH medication
policy and as per the clients individual care plan To comply with RCH medication policy regarding
the safe disposal of medication. DIVERSITY Ensure that meaningful involvement of clients is
central to all activities, applying equal opportunities and anti discriminatory policies and ensuring
rights to privacy and confidentiality Ensure clients and colleagues are treated with dignity and
respect at all times. HOUSING MANAGEMENT AND PROPERTY MAINTENANCE To
implement and adhere to policy and practice in relation to property maintenance. KEY
OBJECTIVES: 6. COMMUNICATIONS & WORKING RELATIONSHIPS Internal To be a good
team player and to work constructively with colleagues and managers in all
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Adult Safeguarding Case Study
Adult Safeguarding; Assessment Case Study This essay will examine a case study on Colin a middle
aged man who is unemployed and homeless, who appears to be showing signs of a mental illness.
The themes within this essay are based around the concept of risk and the different perceptions, this
essay will Discuss legislations and policies around risk and risk assessment, it will look at the
Framework of the Mental Capacity Act 2005 in conjunction with the Mental Health Act 2007, along
with the Human Rights Act 1998 and the Homelessness Act 2002, It will explore issues around the
concepts of abuse, and demonstrate understandings of the different forms. This essay will analyse
the benefits and weaknesses of multi–organisational working. After ... Show more content on
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In addition, there are some contradictions between empowerment and safeguarding. Empowerment
is about enabling each individual service user to make decisions to help themselves improve their
own quality of life, despite that if a person is seen to be a risk and have an impairment of their mind,
they can have their autonomy stripped away under the Mental Health Act
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Not Guilty By Reason Of Insanity
Not Guilty By Reason of Insanity (NGRI) has been used and adapted throughout various court cases
in history. Many specific rulings have played important roles in many high profile cases including
those of Jeffrey Dahmer, John Hinckley and John DuPont. The following paper outlines various
insanity rulings and specific cases they have been used in.
Brief Overview of Insanity Rules and Verdicts
A rule that still plays a part in many state 's insanity rulings today is the M 'Naghten Rule. This
ruling from a case in 1843 looks at a person 's cognitive ability to determine sanity. It is sometimes
known as the cognitive test of insanity (Fulero & Wrightsman, 2005). A person must not have
known "the nature and quality of the act [they] were ... Show more content on Helpwriting.net ...
Currently, only the state of New Hampshire still uses this ruling (2005). Following the M 'Naghten,
Durham, and Irresistible Impulse Rules, the Model Penal Code test came into the legal system in
draft form in 1962 (Carter–Yamauchi, 1998). It is a reformed version of the above rules and is also
known as the American Law Institute Standard or Brawner Rule (Fulero & Wrightsman, 2005). This
test has two prongs to determine sanity due to a disease or defect. The cognitive capacity component
states that the person must lack the capacity to accept that was he did was wrong, while the
volitional capacity component states they are unable to do what is accepted of the law (Carter–
Yamauchi, 1998). This test is a combination of the mental disease component of the Durham Test,
the volitional component of the Irresistible Impulse Test, and the cognitive component of the M
'Naghten Rule. Two other types of tests were created regarding insanity in 1984––the Federal
Insanity Defense Reform Act and Rogers Criminal Responsibility Assessment Scales. The Federal
Insanity Defense Reform Act placed the burden of proof on the defendant, and not the prosecution
(Morse, 2008). The Rogers Criminal Responsibility Assessment Scales were also developed in 1984
to evaluate criminal responsibility with regard to sanity. It uses the concepts of cognitive and
volitional components and is structured to
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Mental Capacity Case Study

  • 1. Mental Capacity Case Study Our mental capacity assessment is utilized to distinguish an individual's ability to decide on their own. The Mental Capacity Act 2005 came into place in October 2007 and was brought in to protect individuals who have lost the capability to make any decision on their own and to help others who may lose this capacity in the future. Mental capacity pertains to an individual's decision–making ability. Signs mental capacity is diminished: A person has been previously diagnosed with a clinical condition that causing cognitive impairments. It has been shown that they lack the capacity to make decisions. The person's behaviour raises doubt as to whether they have capacity for decision–making Other points to recognize: Loss of mental health capacity can be partial or complete, ... Show more content on Helpwriting.net ... This may take place before a Will is made or can be used as a retrospective assessment tool, following medical diagnosis and important notes to gain an understanding as to whether a person was acting in free will at the time the Will was composed. MedicoLegal Report Provides Psychiatric and Psychological Reports for the following: Risk assessments Sexual / Violent crime Pre–sentencing reports Personality disorders / Psychoses Suggestibility and false confessions Pre–sentencing and Probation reports Criminal Responsibilities and Fitness to Plead or Stand Trial Our services guarantee all instructions are taken care of with expertise, speed, and accuracy. All our medico–legal reports are thoroughly checked for accurate presentation, the existence of a clear prognosis and in compliance with the Civil Procedure Rules. At MedicoLegal Report, we can also secure medical records and the required consent forms, providing a fast and efficient collection ... Get more on HelpWriting.net ...
  • 2.
  • 3. Dem 211 Essay DEM 211 Approaches to Enable Rights and Choices for Individuals with Dementia whilst Minimising Risks 1 1.1 Key legislation: relevant sections from current legislation, eg Human Rights Act 1998, Mental Capacity Act 2005, Mental Capacity and Deprivation of Liberty Safeguards 2005, Adults with Incapacity (Scotland) Act 2000, Mental Health Act 2007, Disability Discrimination Act 1995, Safeguarding Vulnerable Groups Act 2006, Carers (Equal Opportunities) Act 2004, No Secrets' – government policy document 1.2 Agreed ways of working: use of active support; enabling individuals to maximise their own potential and independence; use of advocates and interpreters to enable expression of views, wishes and feelings; involvement of key people; ... Show more content on Helpwriting.net ... [ It is more important to review tasks and the environment of the person with dementia to try to prevent accidents rather than limit activity. 2 2.1 Provision of intimate care: use of screens; role of the chaperone; avoidance of unnecessary exposure of the individual; avoidance of unnecessary comments; avoidance of interruptions by other staff unless in an emergency; avoidance of discussion with other members of staff; use of same–gender staff; providing explanations for the individual; identifying unprofessional behavior 2.2 1. Make sure no one speaks down to the person with dementia or treats them like a child, even if they don't seem to understand what people say. No one likes being patronised. 2. Try to include the person in conversations with others. You may find this easier if you adapt the way you say things slightly. Being included in social groups can help a person with dementia to preserve their fragile sense of their own identity. It also helps to protect them from overwhelming feelings of exclusion and isolation. 2.3
  • 4. Approach carefully (they may not remember you), back off if they become distressed, don't touch them unless you are sure that it will be acceptable to them.......that sort of thing. Don't force them to remember things, don't keep telling them that they forget things, don't keep correcting them, if they become distressed don't try to ... Get more on HelpWriting.net ...
  • 5.
  • 6. The Impact Of Assessment On Care Planning And The... The purpose of this reflection is to look at the impact of assessment on care planning and the subsequent healthcare delivery based on its outcomes. The reflective model I am going to apply to this reflection is Gibbs model (Gibbs 1988). The author of this assignment is currently a second year Trainee assistant practitioner (TAP) working in an Inpatient Assessment and Treatment (A&T) unit for adults with a learning disability and/or co–morbidity. In accordance with the skills for Health (2013) Code of professional conduct, confidentiality shall be maintained and the names and places will remain confidential and pseudonyms (*) will be used, for the purpose of this reflection the patient will be referred to simply as"Lizzie". Description My current place of work is an inpatient Assessment and Treatment (A&T) unit for adults with a learning disability and/or co–morbidity. I work within a large inter–professional team who all provide input into the patients care and treatment, the unit provides care for both male and female patients with a variety of complex and specialist needs, most of the patients being detained under the Mental Health Act (1983). I will be discussing the principles supporting the process of assessment in practice in a female patient with a diagnosis of Autism and a moderate learning disability looking at referral, capacity and diagnostic assessments. Feelings Prior to The Department of Health report "Transforming care" (DH,2014) I had not thought that ... Get more on HelpWriting.net ...
  • 7.
  • 8. The Mental Capacity Act This essay will discuss issues that nurses have to consider when caring for a person that either lacks or have compromised capacity. At the same time, the author will explain important terminology in the essay such as the meaning of consent, capacity, best interest, Deprivation of liberty, advanced decisions, risk assessment, including several examples from experience during placement The author will also discuss the principles of the Mental Capacity Act (2005) and the Mental Health Act (1983) and how it protect an adult who is vulnerable and lacks capacity. Likewise, the author will discuss ranges of nursing interventions, person–centred care, and ethical dilemmas. Due to confidentiality and according to the Nursing and Midwifery Council (NMC) (2015) the patients in the essay have been given pseudonyms names. Consent and Capacity Dimond (2009) and NHS choices (2016) explained consent as the process involving a person giving their approval to accept or refuse a treatment or interventions, after receiving detailed information from a health care professional about the risk or benefits of the procedure. In order for consent to be deemed valid, it needs to be given voluntarily without any influence or pressure from either a family member or clinician. In addition, the capacity of the person is important when giving consent and the ability to process the given information and make a decision. Tingle &Cribb (2014) agree, emphasizing that the autonomy of the person giving ... Get more on HelpWriting.net ...
  • 9.
  • 10. Mental Capacity Act Nvq 5 THE FIVE STATUTORY PRINCIPLESThe five principles are outlined in the Section 1 of the Act. These are designed to protect people who lack capacity to make particular decisions, but also to maximise their ability to make decisions, or to participate in decision–making, as far as they are able to do so. There is a lot of detail in the MCA but there are some key principles that are important to understand. 1 All adults have the right to make decisions for themselves unless it can be shown that they are unable to make them. This means that people must not assume that someone cannot make decisions for themselves just because they have a particular medical condition or disability, or because they are of a particular age or appearance. 2 ... Show more content on Helpwriting.net ... OFFICE OF THE PUBLIC GUARDIAN A new public official, known as the Public Guardian (appointed by the Lord Chancellor) is created. The purpose of the Public Guardian is to oversee how procedures relating to capacity work in practice to ensure that those who lack capacity do not suffer abuse. The Public Guardian is to have the following roles as set out in Section 58 (1): establishing and maintaining registers of lasting powers of attorney and of orders appointing deputies and supervising deputies; directing Court of Protection visitors to visit donors or donees of LPAs, deputies or those appointing them; dealing with complaints about how an attorney or deputy is exercising his powers. It is anticipated that the Public Guardian will work closely with organisations such as local authorities and NHS bodies, and publish information describing his work. The Public Guardian also has powers enabling him to examine and take copies of relevant health, social service or care records and to interview individuals concerned in private. The work of the Public Guardian will be scrutinised by a Public Guardian Board. WHAT PROTECTION DOES THE ... Get more on HelpWriting.net ...
  • 11.
  • 12. Consent In Nursing Essay This essay will focus on the importance of consent in adult nursing and in child nursing. Consent is a fundamental part of the nursing process and is a legal, ethical and professional requirement all adult nurses are obliged to adhere to. Consent is important, as it promotes patient's autonomy and human rights. It gives people the right to contribute to the decisions made regarding their care and treatment, giving them the right to consent or refuse. Buka, (2015) The first point of focus in this essay will be on consent within adult field and the guidance nurses must be aware of. It will then discuss what makes consent valid and what guidance an adult must be aware of where a patient lacks capacity. The second focus will be of consent in child ... Show more content on Helpwriting.net ... Child nurses can also use the Gillick and Fraser guidelines where assessing if a child is competent and mature enough to make decisions regarding their healthcare. They should also refer to The Children Act 2004 for the rights of the child. The way in which they need to communicate will differ, as they will need to incorporate ways such as play with children depending on the age. The communication from a child nurse will need to be at a much lower level than with adults, unless there is a disturbance to the mind or brain of the adult. Which determines a lack of mental capacity. MCA, (2005) Ensuring confidentiality is essential in both fields, where consent is concerned it enables patients to make decisions free from coercion from family and friends. Consent is a fundamental part of nursing and all nurses must gain it before any form of healthcare is carried out on patients. NMC, (2015). All patients have the right to make informed decisions regarding their care and where they lack mental capacity, they still have the right for nurses to make sure they are ... Get more on HelpWriting.net ...
  • 13.
  • 14. Unit 525 Inter Professional Working Essay 1.Understand the principles of inter–professional working within health and social care or children and young people's setting. 1.1 Analyse how inter–professional working promotes positive outcomes for individuals. Inter professional working is formed from different health and social care professionals working together towards a common goal to meet the needs of a service user. It is about developing relationships within and between organisations and services involved in planning and delivering care and support to the service users we support. By working collaboratively it brings together different types of professionals to share their particular knowledge, experience, skills, occupational values and perspectives to improve service ... Show more content on Helpwriting.net ... Good working relationships are built over time, this creates trust, respect and smooth running of the service. This is apparent at reviews and other meetings when everyone involved with an individual will be brought up to date with any progress or issues. Then any decisions or agreements can be made because everyone involved has an opportunity to voice their opinions/concerns. This leads to a positive outcomes supported by all involved. If there have been previous agreed actions not carried out then this environment makes it easier to remind others of the things that need completing. Also if others are having difficulties in fulfilling their agreements then they will find it easier to ask for help. Respect for each other should be maintained, remembering that we are all working for the best possible outcome for the individual. There is a need to monitor and review working relationships, if conflict or lack of communication is a problem there is a need to establish a reason for this and look for a resolution acceptable to all parties and identify areas for improvement. One way to maintain a good working relationship is to have regular contact not only verbal but face to face contact through meetings at least monthly, this provides opportunity to discuss any concerns or maybe just have a chat about things in general, also keep in touch via email and telephone. It can create problems if the only contact they have is when there are problems as this may give ... Get more on HelpWriting.net ...
  • 15.
  • 16. Court Of Protection Case Study The CQC must always be made aware of a Safeguarding Adults concern within a regulated service. If the concern is reported to the local authority, the local authority must notify the CQC even though the regulated service also has a duty to do so. The Court of Protection deals with decisions and orders affecting people who lace capacity. The court can make major decisions about health and welfare, as well as property and financial affairs. The Court has power to decide whether a person has capacity to make a particular decision for themselves. Make declarations, decisions or orders on financial and welfare matters affecting people who lack capacity to make such decisions. Appoint deputies to make decisions for people lacking capacity to ... Show more content on Helpwriting.net ... Coroners are independents judicial officers who are responsible for investigating violent, unnatural deaths or sudden deaths of unknown cause, and deaths in custody, which must be reported to them. The Coroner may have specific questions arising from the death of an adult at risk. The DOLS, implemented April 2009, provide a legal protection for those vulnerable people who are, or may become, deprived of their liberty. Safeguards exist to provide a proper legal process and suitable protection in those circumstances where deprivation of liberty appears to be unavoidable, in the person's own best interests. The Independent Safeguarding Authority (ISA) was created following the government's adoption of the recommendations set out in the Bichard Report. The report stemmed from the inquiry in to the tragic deaths of Holly Wells and Jessica Chapman in Soham in 2002. The ISA's to help prevent unsuitable people from working children and vulnerable adults. They will do this through a system of registration on which aims to ensure that every person who wants to work or volunteer with children or vulnerable adults is cleared to do so before undertaking the role. They will also be responsible for barring people from working children. No secrets Adult Protection is a U.K. Government publication guidance on developing and implementing multi–agency policies and procedures to protect vulnerable adults from abuse. The ... Get more on HelpWriting.net ...
  • 17.
  • 18. Unit 40 Health & Social Care P3 P4 M2 D1 Essay Enduring Power Of Attorney Act: This is for individuals who are lacking the mental capacity and need somebody else to help them manage their legal, financial and health problems. The mental capacity act therefore made it legal so that those who are unable to make their own decisions have the ability to choose somebody who they feel they can trust to help manage their finances, properties and to help make their health and welfare decision. This is done through the power of attorney. This act links to individuals who suffer with dementia as within the late stages of dementia they will need to give someone the power of attorney due to the fact that they will not be able to manage their legal financial and health problems. Human Rights Act: ... Show more content on Helpwriting.net ... Personal Data will be processed in accordance with the persons rights 7. Personal shall be kept securely 8. Personal Data should not be transferred to any other country unless it has got an adequate level of protection This act links to an individual who has dementia as if their personal information at the doctors or in an elderly care home then these organisations need to ensure that these eight principles are followed. Mental Capacity Act: This act is made to help protect those who are unable to make decisions for them. This could be due to a mental health condition, a learning difficulty or a brain injury. The purpose of this act is to allow adults to make as many decisions for them as possible. For example, somebody with dementia might make a decision about whether they want future medical treatment or not. This act links to people who are suffering with dementia as within the later stages of dementia they are unable to make decisions for themselves and consequently, the Mental Capacity Act ensures that the individual has somebody to make the decisions for them. Safeguarding Vulnerable Group Act: This act is designed to stop any contact between children and vulnerable adults who may have been harmed. The individuals who have harmed them will be put on to a barred list and will be banned from going into contact with the people they have harmed. This is where DBS checks come into place. This when somebody who is ... Get more on HelpWriting.net ...
  • 19.
  • 20. Nvq3 Assignment 304 Ai Health and social care professions have in common the concept of a 'duty of care' toward their users. This means that the wellbeing of the service user should be central to their work. All treatment given must have a therapeutic benefit to the user or must be essential for saving life. Service users should be given sufficient information about any treatment they are offered so that they can make an informed decision about whether or not to take it. Information should include the benefits and possible risks of the treatment, the likely duration of treatment and any financial costs. The service user should also be given information on alternatives to the treatment being offered. Mental Health Act 1983 generally, service users detained ... Show more content on Helpwriting.net ... The Department of Health and the Social Care Institute for Excellence use the following definition of 'dignity' in health and social care: "Dignity in care ... means the kind of care, in any setting, which supports and promotes, and does not undermine, a person's self–respect regardless of any difference." Professional associations often have their own definitions of what it means to treat service users with dignity; in many cases, this is linked to the profession's 'duty of care' People sectioned under the Mental Health Act and people with capacity issues must also be treated with dignity: a 2007 amendment to the Mental Health Act has increased the penalty for professionals guilty of 'ill treatment or neglect' of people under section. Service users covered by the Mental Capacity Act 2005 must always be treated 'in their best interests', including attention to the beliefs, values and wishes of the ... Get more on HelpWriting.net ...
  • 21.
  • 22. Mental Health Act Case Study After introducing oneself to the patient, and going over the patient's records, capacity needs to be established to provide person–centred care. The Mental Health Act 1983 has 5 sections, of which Jamie has seen sectioned under section 2, which is upon admission to hospital the patient can be detained for up to 28 days in the hospital for assessment requiring 2 Doctors and 1 approved mental health practitioner (Lloyd M, 2012). Section 2 of the Mental Capacity Act (2005) outlined "capacity" as being incapable of making decisions for yourself in relation to the matter because of an impairment or a disturbance in the functioning of the mind or brain. The Act declares that in law it is presumed adults have the capacity to make choices and requires proof if they remain unable to. Jamie was examined by The Older People's Mental Health team (OPMH) and an ... Show more content on Helpwriting.net ... The NMC (2015), demonstrates to provide a high standard of care, written documents are significant as they withhold valuable data and aid to notice any changes in the patient's health, and assuming that the patient went to court, documentation is critical. The law case Ms. B v NHS Hospital Trust (2002), doctors went against her wishes arguing she had no mental capacity but no documentation was presented with the court ruling she did have the capacity and should have been honoured and it was an unlawful act to have ignorance against the laws surrounding documentation. Ignorance of the Law is no defence with both healthcare and the law in a consistent state of transition the health professional has the obligation to be conscious of the affecting laws in her practice (Dimond, 2009). The Human rights act (1998), states everyone has a right to their life being protected by law and when there is no capacity doctors or power of attorney have a duty of a professional to take action in the best interests of the ... Get more on HelpWriting.net ...
  • 23.
  • 24. Enable Rights and Choices of Individuals with Dementia... Enable rights and choices of individuals with dementia whilst minimising risks Task 1 Key legislations such as Human rights act 1998 Mental capacity act 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 Are all laws put into place to help protect an individual from abuse whilst ensuring they can still for fill their right and maintain a sense of individuality. If the person is in care the organisation will have policy's and procedures in place to risk asses and ensure the protection of the carers, organisation and the individual from danger, harm and abuse. Personal ... Show more content on Helpwriting.net ... The ability to make decisions may fluctuate with someone with dementia due to the changing status of the illness. Their capacity will deteriorate over time and situations they are in can determine their mental state, for example if a person with dementia is tired or is put into a stressful situation they can find it very difficult to comprehend what is going on and become frustrated and confused therefore hindering their ability to make a decision. Knowing the persons past and present, wishes, feelings, beliefs and values can help us to better understand and help them to make decisions. As dementia worsens this can become more difficult as communication breaks down, this is where care plans are important, this will contain all the information about the individual It is also helpful to speak to family and friends to find the best ways to care for the person. Task 3 A conflict of interest can be addressed between the carer and an individual with dementia whilst balancing rights, choices and risk. People with dementia can have mood swings and there personality can even change altogether. As carers we need to set boundaries to keep a person safe without infringing on a there rights, which can be difficult, especially in the advanced stages of dementia but there are some effective techniques to aid. Set a positive mood for interaction A persons attitude and body language communicate feelings ... Get more on HelpWriting.net ...
  • 25.
  • 26. Mental Capacity Act 2005: Informed Consent In Health Care In the world of medicine, consent is an ethical and a legal agreement between patient and their health care provider; to participate in but not limited to research trials or to obtain medical or surgical interventions. Consent generally is expressed or implied. Express consent can be an oral declaration or it can be provided by printed document. (informed consent). Nevertheless, consent is not an independent entity. It does not function on its own. It works in conjunction with capacity. Spike 2017, stated informed consent is the single most important concept for understanding decision–making capacity. This is measured by a patient's ability to understand, retain, process and re–communicate the information provided by the medical professionals. Consent and capacity are units like a lock and a key, one does not proceed without the other – they have a codependent relationship. These tools are powerful when they are working in unison, doctors are able to issue the necessary treatments and in return patients are able to receive life altering procedures. Consent and capacity ... Show more content on Helpwriting.net ... The Mental Capacity Act 2005 is a law that empowers and informs vulnerable people ages 16 years and older about their rights to make medical decisions regarding themselves. Whenever someone encounters a mental impairment resulting in his/her inability to make sound medical decision, the mental capacity act provides the help and support needed for decisions made on behalf of the patient. It is fundamental that the best interest, well being and patient wishes are central in the decision ... Get more on HelpWriting.net ...
  • 27.
  • 28. Mental Capacity Act 2005 Essay Mental Capacity Act (2005), was a legislation set up to pinpoint statutory rights of people who may lack capacity for either, because of brain acquired injury, dementia or temporarily impaired. This Act places individual's at the heart of decision making and making 'Unwise decision is not an indicator of lack of capacity'. Criticism of the legislation at the Houses of Lords stated that the Acts lacks ownership (Lords Selects Committee, 2014). It stressed many professional bodies are involved in its implementation and no leadership, Mental Capacity Act (2005) was set up to empower, protect and support people who lacks mental capacity. Family, carer, and professionals need to understand more fully, more clearly their legal rights and responsibilities. Partnership and Decision making process The Care Quality Commission David Behan, chief executive states if someone has dementia or has learning disability, they can still contribute to decisions about their care. If the Mental Capacity Act (2005) is implemented properly, people will receive appropriate care or if not properly executed, people who are deemed to lack capacity can be denial of their ... Show more content on Helpwriting.net ... It empowers people who suffer from dementia, brain injury or other temporary impairment to take important decisions of their own lives whenever possible without having to rely upon decision being taken on their behalf by others. It was described as a positive progress and a wonderful piece of legislation (Lords Select Committee, 2014). According to the House of Lords report publication (2014) a 2000 page document which included 200 written submission and 50 witnesses, stated that the Mental Capacity Act (2005) the implementation is generally poor especially within the Health and Social care settings, either they were lack of knowledge about the Act or are lacking knowledge in implementation of the legislation ... Get more on HelpWriting.net ...
  • 29.
  • 30. To Consider the Influence of Legislation in Relation to... Use the case study to illustrate your understanding of the influence of underpinning legislation in relation to how social care intervention could improve their quality of life. To consider the influence of legislation in relation to social care, the case of Mary who has been diagnosed with dementia will be used to explain how legislation is used. Within social work, law is very important as it is used to provide guidance and duties for the local authorities and professionals in how to proceed with a case. In this case social care intervention would be appropriate for Mary as she has significant care needs. She is often confused by her surroundings, she needs assistance during the night, and she is at risk of neglecting herself and ... Show more content on Helpwriting.net ... There are many things that must be taken into account when making these decisions. Considerations must be taken of the wishes and feelings of the service user, any beliefs or values that the service user may hold; such as Marys religious beliefs and also the information given by carers or family that know the service user well (Brammer; 2010, 483). In this case the decision made is for her to go to a residential home that is nearer to her daughter so that she is able to see her regularly; this is a catholic home which would suit Mary's religious beliefs. For a carer or professional to decide whether or not someone who lacks capacity should go into a residential home, the Deprivation of Liberty Safeguards (DoLS), is used to ensure that this decision is lawful. This is introduced in the MCA 2005 and in this case Mary is unable to make reasonable decisions regarding her welfare due to her lack of capacity (Johns, 2009, 35–36). However, the decision to place Mary in a residential home is depriving her of her liberty which is a basic human right, as stated in the Human Rights Act 1989. The DoLS legislation allows carers and/or professionals to be able to act to ensure that "a care home or hospital only restricts someone's liberty safely and correctly, and that this is done when there is no other way to take care of that ... Get more on HelpWriting.net ...
  • 31.
  • 32. Does The Mental Capacity Act Restrict Or Enhance Personal... The aim of assignment is to answer the question 'Does the mental capacity act restrict or enhance personal freedom and autonomy?' This assignment is mainly focused on the Mental Capacity Act 2005 with emphasis on the rights being judged as having or lacking capacity to make appropriate decision for self and relating it to the condition chosen that will be discussed in the essay. The Act highlights the key principles and how it protect the patients who lack capacity and are prevented from making certain decisions about their lives on a temporary, permanent or basis decisions which are being made on their behalf. This Act supports the concept of assessment and a decision making process that is evenly to service users' legitimate rights, liberty, empowerment and autonomy, while the decision–making framework for clinicians has been clarified and codified and patients' rights enhanced (Donelly, 2010). Speker and Scully (2008) stated that the Act sets out decision specific standards that define the assessment of capacity and best interest principles to improve the decision making for patients that is believed to lack capacity. The Act put out the justification that patient undergoing serious treatment must have an independent mental capacity benefactor in the absence of any appropriate person to consult in determining the client's interests, underpinning the legal significance bestowed on the patient's rights, autonomy, liberty, and empowerment. If there is no independent ... Get more on HelpWriting.net ...
  • 33.
  • 34. Learning Disability Nursing Issues This essay will look at the issues which influence mental health and learning disability nursing practice. The issue which will be the focus of discussion will be dignity. The ways in which patient dignity can be maintained will be identified within both fields of nursing along with the threats to dignity. The Mental Capacity act 2005 (MCA) will be discussed throughout the essay as it is of importance within each field of nursing. The Human Rights Act 1998, The Mental Health Act 1983 and the Nursing and Midwifery Code of Conduct (NMC) will all be considered in relation to Mental Health and Learning Disability nursing. The two fields of nursing will be compared in regard to similarities and threats to dignity, along with nursing practice ... Show more content on Helpwriting.net ... Such as offering choice and control, where possible, asking about what support is needed and ensuring the individual is involved at all stages of the care planning process. This may take more time to prepare and using alternative or additional methods of communication, such as the use of pictures and symbols can aid communication in some circumstances. Improving Health and Lives (2012). A nurse will need to allow sufficient time when meeting with a patient, affording the individual a dignified experience, by providing time to adapt to a situation and process information. RCN ... Get more on HelpWriting.net ...
  • 35.
  • 36. Mental Capacity Act 2005 Case Study Based on the question given, it required to discuss about consent and capacity of an adult. Under s1 Mental Capacity Act 2005 , it applies to people over the age of 18. Since Haatim is 25 years old so he can be counted as an adult. The situation that he faced is whether he had capacity to decide whether accept or refuse the treatment that suggested by doctors. In general rule, every adult patient should be given consent to medical treatment but it would be unlawful if medical professional touch a patient without consent. Therefore, consent is very important under medical treatment. The consent must be given voluntarily by someone who has the capacity to consent and who understands what the treatment involves which known as informed consent. ... Show more content on Helpwriting.net ... Advance decision would not be valid if the patient withdraws it when he has capacity or acted in a way inconsistent as per HE v A Hospital NHS Trust . It is vague to define the action was inconsistent. Hence it came to a conclusion that any inconsistent action would invalidate the decision due to the failure to specify when inconsistent conduct should take place . It is submitted that Haatim did not withdraw his advance decision when he had capacity and did not have inconsistent action, so his decision still valid. Advance decision must be applicable. The advance decision would not count as applicable if the person did not anticipate the circumstances exist when he made the advance decision which could affect his decision. It is arguably that when Haatim made the advance decision, he might not foresee that there have been developments in medical treatment to treat him except for inserting the microchip into the brain and change the blood's colour. Hence, the advance decision might not applicable so the doctor should treat in his best ... Get more on HelpWriting.net ...
  • 37.
  • 38. Complexity Of Law In Health And Social Care Societal attitudes, legislation and government changes are some of the main factors which contribute to the way in which the law is developed and enforced within the arena of mental health. The legal framework in which the health and social care practitioner works is complex, and there are many different laws, powers and accountabilities which need to be taken into consideration when working with individuals who have poor mental health. This assignment therefore aims to identify and critically evaluate the complexity of Law within the mental health arena in which the health and social care practitioner works. The Cambridge dictionary defines law as "a rule, usually made by a government that is used to order the way in which society behaves" ... Show more content on Helpwriting.net ... Following the Francis report which highlighted poor care within health and social care services, an independent review was carried out into Health Care Assistants and support workers. The Cavendish report identified 18 recommendations in areas such as training, education and support. As a direct result of this review, The Care Certificate was introduced which requires all new starters after April 2015, to complete a set of competencies before they are able to work unsupervised (Cavendish review, 2013). It stated that it should be completed with 12 weeks and is quality assurance and certification remains the responsibility of the employers (NHS Employers, 2015). Although this has set a precedent for future HCA's within the NHS employees, it still doesn't address the need competency based training and support for all of the HCS' employed before the introduction of the Care ... Get more on HelpWriting.net ...
  • 39.
  • 40. Law For Social Work Practice : Adults And Carers Case... 7SO004 Law for Social Work Practice: Adults and Carers Case Scenario Mrs Durant would be considered a vulnerable adult based on the guidance outlined in 'No Secrets' (Department of health (DH) 2000) due to her age, disability and her inability to take care of herself. Within safeguarding adults, no specific Law is currently implemented, which means each Local Authority (LA) will have their own policies that need to be adhered too. Social Work Intervention part 1: Current hospital admission Prior to her admission to hospital, Mrs Durant only received support and care from her neighbours, despite being eligible for community care services. Upon discharge from the hospital, under s.2 and s.5 of The Community Care (Delayed Discharges etc.) Act (2003), the National Health Service (NHS) acted on their duty to communicate their concerns, the need for community care services and a discharge date to the LA. Information about Mrs Durant would be minimised to retain confidentiality and minimalize bureaucracy. Once delivered the social services would have a duty to assess Mrs Durant within three days. All duties are compulsory and must not be avoided. The LA has a duty to prevent ill treatment towards adults, and case law is present that allows them to use their powers to protect vulnerable adults from abuse and neglect. The statute law, placing a duty upon the LA to assess Mrs Durant's needs is located in S.47 of NHS Community Care Act (NHSCCA) (1990). Therefore, health and ... Get more on HelpWriting.net ...
  • 41.
  • 42. Professional, Legal and Ethical Issues in Person-Centred Care Professional, Legal and Ethical issues in person–centred care For the purpose of this assignment the student will be discussing and analysing the professional, legal and ethical issues that influenced how person–centred care was delivered to a patient in an acute psychiatric hospital where the student was working. In accordance with the Nursing and Midwifery Council (NMC) (2010) the patient will be referred to as Sarah to uphold confidentiality. During a shift at the hospital the student attended a manager's ward review. The student listened as approved mental health professionals (AMHP) discussed the wellbeing of patients who were being cared for in the hospital. AMHP's are mental health professionals who have specialist training in ... Show more content on Helpwriting.net ... It was clear to the student that the answer to these questions was 'no' because schizophrenia affects the way a patient thinks, feels and behaves which makes it more difficult to distinguish between what is real and unreal. (National Institute of Mental Health (NIMH) (2012) Sarah's doctor also have a professional duty to adhere to the ethical principles of beneficence and non–maleficence (Wilmot (2003) Beneficence is the act to 'To do good' whereas; ... Get more on HelpWriting.net ...
  • 43.
  • 44. Radical Health Promotion Research The role of the nurse specifically in terms of health promotion is to encourage positive changes in the health of people with learning disabilities. Health promotion has four main approaches and these are known as educational, preventative, self–empowerment and radical (Bright 1997). Bright clarifies that educational involves providing information to empower people with learning disabilities to make more informed health choices. Preventative deals with changing behaviours to avoid disease and illness. Self–empowerment concerns the growth of the individual. Lastly Bright discusses how radical health promotion is a systematic approach used by the government who usually seek to make social and economic changes to improve the health of people with ... Get more on HelpWriting.net ...
  • 45.
  • 46. Mental Capacity Act Mental Capacity Act The Mental Capacity Act was passed in 2008 in Parliament so that Singaporeans can appoint proxy decision–makers before they become mentally incapacitated by illnesses like dementia or brain damage. The Act, which came into force on 1 March 2010, is broadly modelled on the UK's own Medical Capacity Act 2005 (Gillespie, 2010) and individuals can do so through a new statutory mechanism called "Lasting Power of Attorney" or LPA – which enables adult individuals to prospectively appoint one or more persons they trust, to act and make decisions in their best interests, in the event that they should lose mental capacity (MCYS 2010). Many have welcomed it as a timely measure to address the social realities of a fast ageing ... Show more content on Helpwriting.net ... nutrition, hydration and pain relief? Advance decisions to refuse treatment are not as yet widespread in medical care, but are undoubtedly encountered more frequently (Cowan 2007). The concept of what is in the best interest of a person may be new or difficult to appreciate and operationalize. There will be occasions when the decision–maker might be faced with strong opposition from other members of the family whose interests may not be aligned. When multiple clients are involved, the same question arises: who is the primary client, and therein, whose goals should be identified, clarified, and pursued? This question is especially poignant when differing goals appear to conflict, as in some cases. There is a need to know whether it is the client's best interests or her rights and freedoms that ought to be given greater weight and so which ought to act as a constraint on the other (Herissone–Kelly, 2010). And even when a primary client can be identified, an important consideration is whether the client's desired decision can be considered when she is mentally ill and who should be socially responsible for such decision? The holistic approach to the determination of the best interests of a person who lacks decision–making capacity is further enhanced by the requirement that decision makers consult with others about care and treatment. (Griffith & Tengnah, 2008). The Act provides a checklist of common factors that must be taken into account before a ... Get more on HelpWriting.net ...
  • 47.
  • 48. Is Hospital Admissions For Adults With A Learning Disability? Prior to The Department of Health report "Transforming care" (DH,2014) I had not thought that hospital admissions could be perceived as restrictive practice and was not aware of the potential legislation put in place to safeguard vulnerable adults and the health inequalities faced by adults with a learning disability (Emerson, Baines, 2010). I have been more involved in decision making by following the Transforming care program which focuses on providing the best care for adults with a learning disability or co–morbidity. (DH, 2012) Being involved in this process gives me a feeling of involvement and understanding of why robust assessments are necessary to obtain the desired outcome. Evaluation Assessment is the collection of subjective, ... Show more content on Helpwriting.net ... Also environmental risks, location, family members, risk to self, others and the general public. Many specific considerations have to taken before admission, capacity, gender issues, patient group dynamics, environmental factors, suitability, facilities/equipment required, age, ethnic/cultural requirements, safeguarding issues, costing and desired outcomes. Alongside the referral process is a Care and Treatment Review (CTR) these are in accordance with recommendations from NHS England (2015) and Clinical commissioning groups (CCGs). This admission assessment process is underpinned by NHS England's Improving lives team and follows recommendations made in The Winterbourne view report (DH, Transforming care, 2012). This process looks at both subjective and objective data. Any patient not meeting the assessment criteria would be signposted to a more appropriate service. Following the Winterbourne view report the least restrictive option would be chosen.(DH, 2012) These frameworks look at whether the service best meets the individuals needs. This is a shared decision process between two or more Health professionals. (NHS England, 2015.Homes not Hospitals) Analysis ... Get more on HelpWriting.net ...
  • 49.
  • 50. A Reflection On The Mental Capacity Act My chosen reflection piece is on ageism, see appendix one. I will provide evidence reflecting the links between diabetes and depression, which will form my chosen seminar topic, see appendix two. I will then critically analyze the mental capacity Act (2005) and relate it to my specific scenario, see appendix three. I will explore how nurses the Act within nursing practice, decision– making, and how we access a person's capacity to make specific decisions. I will explore any ethical issues that may arise following the principles of Mental Capacity Act (2005). My reflection piece is based on a situation I observed during practical placement on an elderly ward. I observed an elderly patient with her family, whist the patient was getting assessed, to determine if the patient was suffering from severe memory loss. She received a cognitive examination and a mental capacity assessment. During these assessments the family were answering on behalf of the patient. I believe that the family felt that due to the patient's age, she was incapable of answering for herself. This completely disempowered her. (To see full reflection piece, see appendix one). The key issues that I am going to discuss from my reflection are disempowerment due to a person's age where either their family or care giver answer on behalf of the elderly patient and deny the patient of their own voice. Emotional problems are a common in the elderly and this particular psychological aspect often goes unnoticed. There ... Get more on HelpWriting.net ...
  • 51.
  • 52. Adult Nursing And Midwifery Council Code Of Consent Introduction In this assignment I will be discussing Adult Nursing and Mental Health Nursing and issues regarding consent. Consent is important within all fields of nursing as it is essential to conduct any medical procedures. The Nursing and Midwifery Council Code of Conduct (NMC,2008) states that all healthcare professionals must presume that all patients have the mental capacity to accept or deny medical treatments after being given all information which may be needed. However there may be some instances where consent cannot be obtained. An example of this is if the patient is in a medical emergency and may be unconscious or if the patient lacks the mental capacity to make a knowledgeable choice. In this situation treatment would be ... Show more content on Helpwriting.net ... This information must be easy for the patient to understand and must also be correct and truthful (RCN 2013). The Department of Health define consent as allowing a capable individual to make their own decisions about their health care without being pressured into making any decisions from others such as friends, family and health care professionals. In the adult nursing field it is legal and ethical to gain valid consent before starting a medical procedure, or providing care. This shows that the individuals rights have been respected which is good practice. If a healthcare professional did not respect an individual's choices they could be accountable to legal proceedings. In common law touching or performing an act of care on a patient without valid consent can be classed as a criminal offence or battery. If a healthcare professional was not following the legal practice regarding consent then the individual may be faced with a criminal offence and disciplinary action will take place (Dimond 2009). The Human Rights Act states that all healthcare professionals should never judge an individual on their sex, race, religion, social origin, language or any other status. The Nursing and Midwifery Council (NMC) states that all nurses must support a patients' rights to be involved in decisions about their own care, it is extremely important to give sufficient information to ... Get more on HelpWriting.net ...
  • 53.
  • 54. Deprivation Of Liberty Safeguards : A Best Interest... DEPRIVATION OF LIBERTY SAFEGUARDS A Best Interest Assessment The Mental Capacity Act (MCA) 2005 states that "an act done, or decision made, under this Act, for or on behalf of a person who lacks capacity must be done, or made, in his best interests'. The Deprivation of liberty safeguards are a legal framework introduced into the mental capacity act 2005 (MCA) by the mental health act 2007 (MHA). This legislation protects the rights of people in care homes or hospitals, where the care is imputable to the state, who lack capacity or have a mental dysfunction to make decisions regarding their care and treatment (Jones, 2008 p 383). DOLS ensures against arbitrary deprivation of liberty (dol) which was identified in the Bournewood Case ( HL v UK 45508/99 (2004) ECHR 471). The judgement in this case determined that in order to adhere to the ECtHR, lawful detention needed to meet Article 5 (1) that requires a 'procedure prescribed by law' and Article 5 (4) which requires a means to apply to a court to see if deprivation of liberty was unlawful (dols code of practice 2008). As such, the DOLs are designed to protect the rights of people who fall within the scope of the act. The aim of this assignment is to evidence a critical analysis and evaluation of professional development having attended structured learning events on the Deprivation Of Liberty Safeguards (DOLS) and the best interest assessment process. To demonstrate the required learning outcomes, I would like to use the case ... Get more on HelpWriting.net ...
  • 55.
  • 56. Psychological Vulnerability: A Case Study The purpose of this assignment is to analyse how biological, psychological, and social factors can increase an individual's psychological vulnerability. Analysis of the nursing process will reflect the importance of evidence–based practice. Furthermore, the role of the learning disability nurse will be highlighted, considering legislation, policy, and professional regulations, in relation to the psychological needs of people with a learning disability and the complexities involved. The bio– psycho–social model (Engel, 1980; 1977), suggests that interlinking biological, psychological, and social factors are influential to the health and well–being of individuals. This model will be applied to identify the needs of an individual from a case study. From the case study, the pseudonym Rob will be used to adhere to confidential practice (ICO, 2018; Nursing and Midwifery Council, 2015; Department of Health, 2010; Data Protection Act, 1998). Informed consent must be obtained from the individual; capacity to consent is based upon a two– stage test and must follow the five principles of the Mental Capacity Act (2005). If an individual lacks capacity to consent then a best interests decision can be made on their behalf (Royal College of Nursing, 2017; Nursing and ... Show more content on Helpwriting.net ... Rob's father also died when he was younger. Rob has no history of mental illness, however repeated significant life events such as bereavement and loss can increase the risk (Hatton el al., 2017). Unmanaged psychological distress can have long term complications, such as the development of mental illness, cardiovascular diseases, cancer and stoke (Aalbaek et al., 2017; Behan et al., 2014). The combination of physical and mental health conditions can impact on independence; reducing ability to attend to activities of daily living (Pearce, 2017) and increasing the risk of social exclusion (Gilmore, ... Get more on HelpWriting.net ...
  • 57.
  • 58. Personal Awareness In Personal Practice As a mature, non–judgemental, compassionate and empathic individual, I consider myself to possess a natural flair for putting people of all ages and backgrounds at ease so they feel comfortable opening up. I strive to constantly remain friendly, warm, genuine and honest with the belief this makes me a more likeable and approachable person. Conversing utalising my strong active listening skills creates a beneficial effect upon my practice as I find it relatively easy to build trusting rapport; a result which is particularly vital to properly comprehend, assess and intervene with the complexities occurring within service users' lives. Within my work history, I adapted my approach with tools and techniques to have meaningful and informative conversations tailored around people's individual needs, age or ability, including direct work with children, using interpreters for those with poor English and involving carers of people with limited capacity. Being flexible and intune to both verbal and non–verbal communication styles allows for the wishes, thoughts, feelings and values of diverse service users to be heard, understood and actioned upon, in line with all essential legislation. Effective practice is evident within my volunteering when the demeanour of older carer alerted me to a concern. The husband had not spoken about anything troubling him, however, his body language suggested otherwise. Using an open questioning style, I explored the problem and discovered the husband was upset about the quality of the respite provided to his wife, whom had severe dementia. The man was distraught, believing that his wife of 60 years was lacking any mental stimulation in respite and this was resulting in frustration and behavioural change on her return. Nevertheless, despite personally informing those with authority about how he struggled to manage the situation, the man was at a loss how to proceed since nothing happened to reverse the situation. Having observed the protective factor in the loving, mutual bond the couple shared and the evident stress they were clearly under, I advised about the right to have an input in personalising his wife's care plan. Working around the Mental Capacity Act 2005, I failed to ... Get more on HelpWriting.net ...
  • 59.
  • 60. Safeguarding Assessment Essay My Line Manager and I both reflected on our concerns and analysed what we felt about the situation and agreed these concerns needed to be raised immediately with 2's Care Co–ordinator. Once I contacted the Care Co–ordinator we reviewed again the circumstances around 2's vulnerabilities. I wanted to ensure that I had made both my line manager and the Care Co–ordinator aware of the factual information I had been given whilst also seeking a multi–discipline professional judgment on what was the best course of action to take. This would also help me evaluate and analyse 2's current safeguarding opportunities such as Community Mental Health Team (CMHT) involvement and balance the safeguarding concerns of a vulnerable adult with the probability ... Show more content on Helpwriting.net ... The following day a member from the agency contact me to discuss the referral into more detailed information on 2. The agency member informed me she would be referring the matter to the CMHT to make a further assessment. Following this an Initial Strategy Meeting was arranged under the All Wales Policy and Procedures for the Protection of Vulnerable Adults. The meeting consisted of a multi–disciplinary team who worked with 2. We were all able to assess 2's current circumstances such as his home environment, current mental health state and the support 2 already receives. The outcome of the meeting was concluded that 2 has the capacity to be able to say no to the alleged people who were harassing him for money and report any such harassment to the Police. An action plan was devised where each professional would have a responsibility to help support 2 to stop giving his money away or to report harassment to the Police. The referral was closed on the basis that the professionals involved would follow through with the action plan. For me and my team we were to continue to monitor and review 2's behavior and encourage 2 to approach staff or contact the Police if he ever feels threatened or vulnerable towards others. In some respect I appreciate that the multi–agency team have assessed the information they have received and concluded that 2 does have capacity and in ... Get more on HelpWriting.net ...
  • 61.
  • 62. Reflection Upon an Incident Essay Reflective Practice is a continuous action that directly affects anyone who is a practitioner. Jasper (2006, p. 53) argued that the benefit to the profession is in the development of the nursing knowledge base and in the recognition that nurses are contributing to both patient care and improved practice. Further, Jasper (2006, p. 43) explains that Reflective Practice is the foundation upon which reflection and reflective learning are based. Jasper illustrated this process graphically with the following Reflective Process equation. Experience + reflection + learning = change in behaviour/ action The following paper is a critical reflection based upon an experience I had as a student mental health nurse upon a recent placement. The ... Show more content on Helpwriting.net ... I shall refer to the client whom I worked with as Jane however, due to the aforementioned the gender of the client should not be deemed as either factual or an alteration. On starting my placement within an assisted living home, I was introduced to a number of clients' including Jane. Jane was a 40 year old woman who, I was told, had suffered oxygen deprivation at birth which consequentially resulted in irreversible brain damage, (Gates 2002; Scott 2006; Zastrow, Kirst– Ashman 2009). The damage sustained by Jane at birth was cited as being what caused her to have regular epileptic fits, Devinsky (2008), a gross reduction in her visual acuity, Roman–Lantzy (2007) as well as severe deficits in Jane's cognitive perception, Heinrichs (2001) and intellectual capacity and understanding of the world around her, Mangal (2008). Like many of the other residents of the house, Jane was on long term daily medication, primarily due to her epilepsy, Falvo (2005). Jane needed continual help with all her basic everyday living needs such as dressing, washing and eating meals. With regard to her medication management it had previously been deemed appropriate within a multi disciplinary meeting (MDT) of all individuals involved in Jane's care to administer medication with her food. This was documented and agreed with Jane's mother who maintained an active interest and input into all of Jane's ... Get more on HelpWriting.net ...
  • 63.
  • 64. Summary: The Mental Capacity MCA (2005) states ensure that the treatment chosen is necessary and it might be necessary to choose an option that is the least restrictive only if it is in the best interest of the patient. At one point the doctor wanted to Sara to be admitted into the hospital. According to Jootun and Pryde (2013) dementia can have a major influence on the individual's ability to make sense of the environment. The nurse informed the doctor that placing Sara in a completely new environment would only make the situation worst. It was then decided that it would be best to treat Sara at home. The nurse and doctor came to a conclusion that a less restrictive option was for the doctor to prescribe Sara with antibiotics to treat the cellulitis. The Mental Capacity ... Get more on HelpWriting.net ...
  • 65.
  • 66. The Mental Capacity Act 2005 Answer: Introduction: The Mental Capacity Act 2005 (MCA 2005) introduced a statutory framework for advance decision making in England and Wales building upon the common law recognition of advance decisions. Academics considered that a bias may operate against upholding advance decisions refusing life–sustaining treatment 1. It's commonly felt that judges usually give decisions favouring preservation of life and making advance decisions invalid on various grounds. Recent case–law indicates that a high level of specificity is required for advance refusals of life– sustaining treatment and, in some capacity must be demonstrated at the time of making the decision. This essay will argue the legal back ground of the advance decisions and relevant case law. There are suggestions that advance care planning (ACP) instead of advance decisions (ADRT) may be more helpful when it comes to the practice of law on ground 2. The Mental Capacity Act 2005: The MCA 2005 introduced the statutory framework for the advance decisions as follows: "A decision made by a person ('P') after he has reached 18 and when he has capacity to do so, that if – (a) at a later time and in such circumstances as he may specify, a specified treatment is proposed to be carried out or continued by a person providing health care for him, and (b) at that time he lacks capacity to consent to the carrying out or continuation of the treatment, the specified treatment is not to be carried out or ... Get more on HelpWriting.net ...
  • 67.
  • 68. Zimbardo's Experiment, Studying The Way ' Prisoners ' And... Likewise Zimbardo's (1971) experiment, studying the way 'prisoners' and 'guards' interacted, demonstrated similar ethical failings, such as consent gained without individuals being made fully aware of the involvements; physical, emotional and psychological harm subjected; violation of rights, including privacy, respect, confidentiality and the ability to withdraw (). Fascinated by the volume of ordinary individuals who executed terrible things to others during WWII, Zimbardo predicted that all people, even the good, had the potential to conduct malevolence when sited in the correct environment (Haney et al, 1973). In a mock prison participants were recruited to play a role, half as prisoners and the rest as guards. Both were dressed accordingly, with the guards wearing a uniform with mirrored sunglasses which promotes anonymity as their emotions are obscured, but yet denotes their position of power and authority. According to Zimbardo (2000) these 'conditions of deindividuation' allow for the facilitation of evil. Subsequently it becomes acceptable to enforce measures which degrade prisoners of their self–respect, including being stripped, deloused and ordered to carry a chain around their ankle, whilst the mandatory wearing of a smock and a cap made from a stocking demoralized them as it impacted upon their masculinity. Additionally, not only were prisoners assigned a number by which they were referred to, denying them of their identity, but each area of their daily ... Get more on HelpWriting.net ...
  • 69.
  • 70. (NMC) Regulates Standards For Health Profession The Nursing and Midwifery Council's Code (2015) (NMC), regulates standards for health professions nationally, Nurses must practice with confidence in accordance to the code of professional standards and within recognised ethical and legal frameworks. The central thesis of this paper is to explore how these principles within the code differ amongst professions and how working as interprofessional teams in care setting impacts upon care given. The Case study used with the paper is based upon a past clinical situation. To safeguard the patient's identity and respect confidentiality, they will be referred to as 'Maureen'. The NMC (2015), and The Data Protection Act (1988), state all personal information including the patient's name is considered ... Show more content on Helpwriting.net ... This legal document links to the Mental Capacity Act (2005), as you must have the capacity to make, understand and communicate your decision when it is made, clearly explaining which treatments you refuse and why you wish to refuse them. The Act also explains a patient has capacity till a doctor has assessed them as having no capacity the Doctor, the doctor then has the final decision even if a Power of Attorney is involved they are not above the doctor, but doctors cannot legally consent on behalf of their patients they must take the responsibility for the decision. The Mental Capacity Act (2005), set five principles under section 1, with the underlying key that if the patient has capacity their right to refusal is prioritised over a health professionals opinion. Griffiths (2017,) argues that an advance decision can be made verbally where they are to apply to life– sustaining treatment section 25 of the Mental Capacity Act (2005), requires it to be in writing, signed by themselves or on behalf in their presence, witnessed, and verified by a statement. Patients can also make a non–legally binding Advanced Statement, explaining your wishes that are important for you to feel comfortable (Compassion in Dying, 2014). Dimond (2016), notes the right to refuse is a basic principle of law in the UK of which the court of appeal has emphasised that providing the patient has necessary mental capacity they can refuse to give consent for a good, bad or no reason at ... Get more on HelpWriting.net ...
  • 71.
  • 72. Difference Between Mental Health Act 2007 And 2007 Mental Health Act 1983 and 2007, for somebody to be treated as mental illness or mental disorder the Mental Health Act must also be involved. The Mental Health Act was started in the 1983 and was then amended in the 2007. The Mental Health Act 2007 was also amended the Mental Capacity Act 2005. The Mental Health Act 1983 was covering the following mental health disorder such as mental illness, mental impairment, severe mental impairment and psychopathic disorder. Then it was later amended in Mental Health Act 2007 which has provided a definition of a 'mental disorder' has does two things by improving the understanding of who can be treated under the Health Act and has increased the number of illness and disorders that can lead to the detention ... Get more on HelpWriting.net ...
  • 73.
  • 74. Unit 4222-302 Engage in Personal Development in Health,... Unit 4222–302 Engage in Personal Development in health, social care or children's and young people's settings (SHC 32) Outcome 1: Understand what is required for competence in own work role 1, Describe the duties and responsibilities of own work role. On a day to day basis the daily jobs are as follows: Daily weekly jobs Am Check money tins Visual check of home and exterior Support clients in Breakfast Support Clients in getting up and showering if needed Medication at 9am Handover form Early to Mid shift if needed Support clients in their jobs Own administration jobs to be completed throughout day inc SWIMS, Time Sheets, Emails, objectives, my way forward etc. Link working with clients Answer phone, and complete ... Show more content on Helpwriting.net ... This includes following instructions and undertaking training to ensure compliance. To make the Service Manager and/or Senior Registered Support Worker aware of any safety issues requiring changes to the clients safety plan. Use of hoist or other specialist equipment to be undertaken after appropriate training and within health and safety guidelines To implement and adhere to policy and practice in relation to health and safety in all aspects of the post holders work. To adhere to the post holders own responsibilities for health and safety within the workplace and to colleagues, service users, and the general public. To administer prescribed medication according to the RCH medication policy and as per the clients individual care plan To comply with RCH medication policy regarding the safe disposal of medication. DIVERSITY Ensure that meaningful involvement of clients is central to all activities, applying equal opportunities and anti discriminatory policies and ensuring rights to privacy and confidentiality Ensure clients and colleagues are treated with dignity and respect at all times. HOUSING MANAGEMENT AND PROPERTY MAINTENANCE To implement and adhere to policy and practice in relation to property maintenance. KEY OBJECTIVES: 6. COMMUNICATIONS & WORKING RELATIONSHIPS Internal To be a good team player and to work constructively with colleagues and managers in all ... Get more on HelpWriting.net ...
  • 75.
  • 76. Adult Safeguarding Case Study Adult Safeguarding; Assessment Case Study This essay will examine a case study on Colin a middle aged man who is unemployed and homeless, who appears to be showing signs of a mental illness. The themes within this essay are based around the concept of risk and the different perceptions, this essay will Discuss legislations and policies around risk and risk assessment, it will look at the Framework of the Mental Capacity Act 2005 in conjunction with the Mental Health Act 2007, along with the Human Rights Act 1998 and the Homelessness Act 2002, It will explore issues around the concepts of abuse, and demonstrate understandings of the different forms. This essay will analyse the benefits and weaknesses of multi–organisational working. After ... Show more content on Helpwriting.net ... In addition, there are some contradictions between empowerment and safeguarding. Empowerment is about enabling each individual service user to make decisions to help themselves improve their own quality of life, despite that if a person is seen to be a risk and have an impairment of their mind, they can have their autonomy stripped away under the Mental Health Act ... Get more on HelpWriting.net ...
  • 77.
  • 78. Not Guilty By Reason Of Insanity Not Guilty By Reason of Insanity (NGRI) has been used and adapted throughout various court cases in history. Many specific rulings have played important roles in many high profile cases including those of Jeffrey Dahmer, John Hinckley and John DuPont. The following paper outlines various insanity rulings and specific cases they have been used in. Brief Overview of Insanity Rules and Verdicts A rule that still plays a part in many state 's insanity rulings today is the M 'Naghten Rule. This ruling from a case in 1843 looks at a person 's cognitive ability to determine sanity. It is sometimes known as the cognitive test of insanity (Fulero & Wrightsman, 2005). A person must not have known "the nature and quality of the act [they] were ... Show more content on Helpwriting.net ... Currently, only the state of New Hampshire still uses this ruling (2005). Following the M 'Naghten, Durham, and Irresistible Impulse Rules, the Model Penal Code test came into the legal system in draft form in 1962 (Carter–Yamauchi, 1998). It is a reformed version of the above rules and is also known as the American Law Institute Standard or Brawner Rule (Fulero & Wrightsman, 2005). This test has two prongs to determine sanity due to a disease or defect. The cognitive capacity component states that the person must lack the capacity to accept that was he did was wrong, while the volitional capacity component states they are unable to do what is accepted of the law (Carter– Yamauchi, 1998). This test is a combination of the mental disease component of the Durham Test, the volitional component of the Irresistible Impulse Test, and the cognitive component of the M 'Naghten Rule. Two other types of tests were created regarding insanity in 1984––the Federal Insanity Defense Reform Act and Rogers Criminal Responsibility Assessment Scales. The Federal Insanity Defense Reform Act placed the burden of proof on the defendant, and not the prosecution (Morse, 2008). The Rogers Criminal Responsibility Assessment Scales were also developed in 1984 to evaluate criminal responsibility with regard to sanity. It uses the concepts of cognitive and volitional components and is structured to ... Get more on HelpWriting.net ...