Tuesday, May 19, 2020

Deprivation Of Liberty Safeguards A Best Interest...

DEPRIVATION OF LIBERTY SAFEGUARDS A Best Interest Assessment The Mental Capacity Act (MCA) 2005 states that â€Å"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 l iberty 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 caseShow MoreRelatedMental Capacity Act Nvq 56650 Words   |  27 Pagesmake that decision. Many people make unwise decisions but this alone does not mean that they lack capacity to make decisions for themselves. 4 Any actions taken or decisions made on behalf of someone who lacks capacity must be done in their best interests, after considering what is known about their preferences (unless they have made a relevant and valid advance decision to refuse medical treatment. It is still important to involve the person wherever possible in making the decision. 5 The finalRead MoreDoes The Mental Capacity Act Restrict Or Enhance Personal Freedom And Autonomy?2759 Words   |  12 Pageson 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). 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It also allows practitioners guidance, toRead MoreUnit 372 Dementia 313 Level 3 Diploma Hsc Essay765 Words   |  4 Pagesto lack of diagnosis if there is no word for it * Some assessment tools may not be suitable due to language and culture differences or illiteracy e.g. Mini-mental state examination * The ability to speak English may be lost if it is a second or additional language as some people with dementia may revert back to their first language * The use of family as interpreters may breach confidentiality and cause conflict of interest issues. At the end of life: Many people can die from dementia;Read MoreHsc 30667101 Words   |  29 Pagesparticipation, inclusion Outcome 2 Understand the importance of a positive, person-centred approach to risk assessment 1. explain the process of developing a positive person-centred approach to risk assessment Every opportunity contains risks – a life without risk, is a life without opportunities, often without quality and without change. 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Institutional – Individuals not eating properly, not dressing properly, not participating, staying in their rooms, not getting required attention and support, complaints from residents or family members. Dirty

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