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Describe the current legislative framework that underpins the safeguarding of children, young people and adults with autism
Chapter 2 mental capacity act case studies
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Mental capacity and best interests The Mental Capacity Act 2005 (MCA) is designed to protect and empower individuals who make lack the mental capacity to make their own decisions about their care and treatment. The law applies to individuals aged 16 and over. The act states that: • Everyone has the right to make his or her own decisions, health and care professionals must always assume an individual has the capacity to make their own decisions unless it’s proved otherwise through capacity assessment. • Any act done or decision made on behalf of an individual deemed to lack the capacity (following a capacity assessment), must be done in their best interests, this can cover financial, health and social care decisions. The act also states that …show more content…
if an individual lacks capacity they are entitled to another person to make the decisions for them, this person is known as a decision maker who is usually appointed to care for an individual and make best interest decisions for them.
Advocacy If an individual can’t speak for themselves and be in control of their own lives they will need someone to act as advocate for them. The Care Act 2014 states that if an individual has no-one to assist them to make decisions then it is the responsibility of the local authority to provide an independent advocate to work on their behalf. The Mental Capacity Act 2005 states that in order to protect the rights of individuals who don’t have the capacity to make their own decisions they an independent Mental capacity Advocate is put in place to learn as much as possible about the individuals and act in their best interests. These laws provide protection and guidance to individuals with autism such as: • Provide protection against discrimination in relation to education, employment and goods and service provision. • Protect their rights. • Look after their best interests • Inform healthcare providers about their requirements. Question 21 Outline how legislation and guidance can be used to support individuals with autism Legislation and guidance can be used to support individuals with autism as …show more content…
they: • Help to inform healthcare services about necessary provisions • They put a duty of care on the government to make provisions for healthcare and support • Look after their best interests • Protect their rights and stop discrimination taking place Question 22 Describe what is meant by person-cantered support A person centred approach means treating everyone as an individual rather than focusing on their illness or disabilities. Person centred care treats the whole person taking into account each individuals unique qualities, abilities, preferences and needs allowing them (if possible) to make their own informed choices and decisions. As the individuals needs may change the plan is constantly reviewed to ensure they receive the support they need. Question 23 Explain why it is important to treat the person with autism as an individual Every individual with autism will have their own unique problems and challenges and will need an individual care plan that will meet their needs, there is no ‘one size fits all’.
The individual will need to be encouraged to make decisions about the care they receive and the type of life they want to live and also ensure that their families are part of the decision making process. Question 24 Give examples of how support can be provided in a way that is: Compassionate Showing genuine concern and understanding for the individual and to those closest to them. Non-judgemental Never making a judgment about an individual because of their behaviour or to judge their family for the way they have brought them up. Some people may make judgements on an autistic person because they have problems communication with others and they may think that they lack intelligence where in fact they could be highly functioning. Question 25 Give at least two examples of how the rights of individuals with autism can be promoted One: Working to increase awareness and educate the public about autism and professionals to reduce the stigma associated with individuals with
autism. Two: Getting autistic adults involved in the development and delivery of autism awareness training particular within local authorities and other services to ensure appropriate support and services are in place. Question 26 Describe how to incorporate the preferences and needs of individuals when providing support When providing any support it is vital to consider the preferences and needs of the individual which is the whole ethos of ‘person centred support’. The support should always be centred on the individuals own personal needs and preferences. This can be achieved through working with the individual and providing them with all the relevant information so they can make informed choices and if deemed necessary their family or an advocate can be put in place. The needs of an individual could include: • Social opportunities such as social outings, clubs etc. • Employment support • Independent living and housing • Speech and language therapy • Personal mentoring • Work experience and many more…. The Autism Educational Trust have produced a ‘Person Centred Planning Toolkit’ which includes the five key features of PCP and is as follows: • The individual is at the centre of the planning process • Planning should reflect the individuals preferences now and in the future • Family, friends, carers and partners are involved in the planning process • The plan assist the individual to be part of the community and supports the community to include the individual. • The PCP is on-going and needs to be reviewed and amended as required Question 27 Explain why it is important to work with each individual’s strengths and abilities to enable them to achieve their potential Each individual with autism is unique and some on the spectrum have exceptional abilities, skills and strengths. Although upto 25% of individuals with ASD are non verbal there other ways to communicate. Recognising that a student has a particular skill might create an opportunity to connect with them for example the student might be an exceptional memory so might be able to find employment that could use that skill. Companies are now recognising that people with ASD have skillsets that would benefit them. The Microsoft Autism Hiring program was launched in April 2015 with a goal of hiring people and the software corporation SAP has had an Autism at Work program since May 2003. Through history a lot of people with ASD have had very successful lives some of which are below: • Dan Aykroyd – Comedic Actor • Hans Christian Andersen – Children’s Author • Susan Boyle – Singer • Tim Burton – Movie Director • Lewis Carroll – Author of “Alice in Wonderland” • Charles Darwin – Naturalist, Geologist, and Biologist • Albert Einstein – Scientist & Mathematician • Bill Gates – Co-founder of the Microsoft Corporation • Steve Jobs – Former CEO of Apple • Andy Warhol – Artist Question28 Give two examples of the contribution that informal networks can make to supporting individuals with autism and their families Grandparents: Taking the individual out on day trips and short holidays to improve their social life and to give their parents a much needed break. Friends: Could join in family activities and go shopping etc., so that if there was any challenging behaviour they could help. Question 29 Explain the importance of working in partnership with the individual and others It is important to work in partnership with the individual as this promotes a ‘person centred approach’ for the individual and encourages the individual to make their own choices and decisions.
Griffith, R., & Tengnah, C. (2011). Determining a patient's best interests. British Journal of Community Nursing, 16(5), 250-253. Retrieved from EBSCOhost.
Consent is necessary from everyone, not only those who can verbalise his or her needs. It is important to find out the persons communication needs so that they can be involved in discussions around their needs and preferences. My duty of care is to ensure that choices are given, and that appropriate support is obtained where there is lack of capacity is the decision is complex and the individual cannot consent. This may be from families or next of kin or using advocates to ensure that the client’s best interests are maintained. There may be past events or requests that could indicate the client’s preferences, and these must be considered when choices have to be made by others. Any preferences should be recorded on care plans and shared with relevant others to be able to determine the best interests of the person. Decisions should also be put off until the client is able to make their own choices where possible and not taken on their behalf through assuming we know
The Mental capacity Act 2005 is a very important piece of legislation, because it makes a real difference to the lives of people who may lack mental capacity. The act will empower patients to make their own decision; it will also protect people with lack capacity by providing them with a flexible framework that places individuals at the very heart of the decision-making process.it will make sure that the patients with lack of capacity participate as much as possible in any decisions made on their behalf, and that these are made in their best interests. It also allows people to plan ahead for a time in the future when they might lack the capacity, for any number of reasons, to make decisions for themselves. The Act covers a wide range of decisions and circumstances; the act is supported by the practical guidance, and the Code of Practice which provides information about how the act works in practice. (http://www.direct.gov.uk 2007)
An effective advance care planning process follows a series of steps that incorporates the patient’s preferences, their values, and a dialog to help identify proxies. The educated person must first consider a proxy and determine the goals of their care. Ideally, the chosen proxy will then partake in the advance care planning process. It is important that the person completing the advance directive make the proxy aware of their authority, the goals of treatment, important personal factors, and the scope of discretion for that individual. It is also imperative that the advance care directive be available to both the proxy and healthcare providers.
The CPA is a care management process for people with mental health and social care needs, including managing associated risks. The CPA main elements are: Assessment, Care coordinator, Care planning, Review, Transfer and Discharge. The National Standard Framework for Mental Health introduced it to supply a framework for effective mental health care (DOH, 1999; DOH, 2008; Gamble, 2005). Under CPA, John may use an Advance statement to illustrate his personal preferences and what he would like to happen in regards to his personal and home life should they come to lack capacity. These are important mechanisms for safeguarding and promoting a patient’s interests and health. The CPA is grounded in values and principles that are central to personalisation brought about when in March 2008 ‘Refocusing the Care Programme Approach’ was issued. This updated guidance highl...
According to the NICE (2015) health and social care professionals should always seek valid consent from people with dementia. This should entail informing the person of options, and checking that he or she understands, that there is no coercion and that he or she continues to consent over time. If the person lacks the capacity to make a decision, the provisions of the Mental Capacity Act 2005 must be followed. The nurse assessed the patient capacity and ensured that the decision made was in the best interest of the patient. The doctor uses specialist knowledge and experience and clinical judgement, and the patient’s views and understanding of their condition, to identify which investigations or treatments are likely to result in overall benefit for the patient (GMC, 2008). They took into consideration how the decision made will benefit Jean. After carrying out a full assessment, it was clear that Jean lack capacity and was therefore place under the mental capacity act
...a and Mental Illness • Social Justice Solutions." Socialjusticesolutions.org, 2012. Web. 13 Jan 2014. .
Health and social care professionals encounter a diverse amount of individuals who have different needs and preferences regarding their health. As professionals they must ensure that all services users, whether it is older people with dementia, an infant with physical disabilities or an adult with an eating disorder (National Minimum Data Set for Social Care, [no date]), are treated in a way that will successfully meet such needs. In fact, health and social care professionals have a ‘duty of care’ towards services users, as well as other workers, in which they must legally promote the wellbeing of individuals and protect them against harm, abuse and injury. (The Care Certificate Workbook Standard 3, [no date]) Duty of care is a legal requirement
...ng experts to identify mental health symptoms such as delusions, hallucinations, and identifying if any instances of malingering are present. Evaluating a defendant is essential in understanding whether or not they are capable of following legal proceedings. If an individual is in fact found incompetent, attempts to restore competency are performed through treatments with medication or mental training about legal information that is vital for them to know in their case. It is imperative to acknowledge competency to stand trial cases in the legal system to not only ensure fairness in the courtroom, but offer mentally ill defendants an opportunity to have a lawful trial depending on their psychological state.
al., 2010, p. 103-104). In medicine, beneficence is the foundation of every encounter a clinician has with their patient, they are there to help alleviate symptoms and diseases in order to do good for them. In the case of Ms. R, respecting her decision to live alone will violate this premise of beneficence and go against all the medical advice she has been given. However, like with all decisions in medicine, a patient is presented with options and if the patient is mentally capable of making their own healthcare decisions, their decision should be respected no matter what it is. Nonetheless, just because Ms. R made a decision to live alone and accepts her potential risks, doesn’t mean that her daughter along with the medical team should let her put herself in harm 's way. There are other means of beneficence and nonmaleficence in this case that can be achieved while still respecting Ms. R’s autonomy. Firstly, Ms. R’s daughter can move in with her and be by her side everyday, or if she cannot move in, she can come visit her mom on the days the home health aid is not scheduled, that way someone will be always there to monitor her. Additionally, due to Ms. R’s increased risk of falling along with her other medical risks, the social working can help arrange for Ms. R to receive a
Autism spectrum disorder and Asperger’s syndrome, a higher function branch of autism spectrum disorder, affect many adults in the world. These disorders affect the development of thinking and social skills. Many adults have difficulty leading normal lives due to the effects of autism spectrum disorder and Asperger’s syndrome. They have difficulty in school, at work, and even in the social situations of everyday life. The paper examines how autism spectrum disorder affects adults in fields such as: difficulty with higher education, difficulty with finding and keeping jobs in the labor force, and difficulty with social situations. The paper will be concluded with how society views autism spectrum disorder and what it believes should be done.
“If you’ve met one person with autism, you’ve met one person with autism,” Dr. Stephen Shore. I believe this is a powerful quote that truly defines autism and those who have to experience it every day. People who have autism are often stigmatized that they are not like everyone else. This negative image can be blamed on how TV and media represent those with this disorder, according to Douwe. This idea first begs the question, what is normal? In today’s society, people are trying to be like everyone else if this means wearing the same clothes or acting the same as everyone else just to avoid attention. Well, autistic people are not able to hide behind this false curtain. What disadvantages they have is not something they can change, but rather
There will always be a need for healthcare as people are always sick in some way or they are out of balance with their health in some way. There are so many specialty areas in the healthcare field that it allows for a variety of specialists to be apart of a patient’s decision making process. It does pay to be knowledgable. Take the time to read each one of the patient’s rights and under-stand what it means to have a choice.
For example, their choice ( if they want to do it) is taking the patient's specific directions when helping them with their ADL routine, choosing their ADL products and outfits. It is also important to continue to respect them, encourage them, respect their ideas/desires to incorporate a family member (only family member(s) designated by them that they want involved in their care), being addressed by the name they prefer to be called, and in incorporating them as full partners in deciding and providing their care. Don Berwick in the YouTube video is sad today about his right knee surgery which he didn't think was necessary. To avoid cases like this, we can “do for them” by incorporating them into their care plan as a full partner. The goal is to work with them with encouragement to regain their strengths again.
... choose their own health care plan. If people did not have the right to choose for themselves our world would be unacceptable to everyone having the right to do something as they choose. “In 1973,AHA member hospitals voted to adopt a Patient’s Bill Of Rights and revised it in 1992. In 2001,AHA hospital replaced”A Patient’s Bill Of Rights”with”The Patients Care Partnership:Understanding Expectations,Rights and Responsibilities.”The new statement”a straightforward,plain language statement that clearly outlines what patients should expect during their hospital visit.”(Patients Bill Of Rights). To conclude my research ,that I am for patients to have the right to choose their health care plan, it should be a right that patients choose their own health care plan weather they can talk for themselves or if they can not talk for themselves.