This assignment will identify and evaluate the legal and ethical issues within the health and social care for elderly people with dementia and living in residential homes. It will address the difference between the legal and ethical issues and the impact it has on the person suffering from the disease, their family and the role that the professionals have in decision making for the individual’s wellbeing.
Dementia is a disease which causes mental debility and affects one’s way of intelligent, attentiveness, recollection and problem-solving (NHS, 2013). As a result of dysfunction of brain cells in some parts of the brain it affects the thinking process then dementia occurs and it usually comes with age (Ibid). It is estimated that 560 000 people suffer from dementia in England and as a result the NHS and Social Care spend about 3.3billion (National Audit Offices)
Ethical principles is focused on the morals and values of the individual who has dementia (Cribb and Duncan, 2002) Decision made by family to have a person who has dementia to live in a residential home from their personal home can be seen as inconsiderate to the individual values. It is for the best for the decision to be made before the individual was ill, the family members will feel less guilty. In the event that circumstances of the family members are not capable of caring it is understandable (Curthbert and Quallington, 2008). On the other hand this could be the best decision as cares in residential homes have skills development to provide professional care (Nice, 2010). Naidoo and Willis (2009) stated that the consequential theory is there to measure the end result of action in this case considering the health and wellbeing of people with dementia. The professionals need to consider the social model as well as the medical model to give balance to the quality of life for people with dementia (….).
The legal issue are more concerned with the power of attorney, wills and consent signing for treatment and other fundamental decisions as well as maintaining confidentiality issues(Cambell et al, 2005). Howeve,r these decisions should be made before one’s health has deteriorated(…) To ensure that people are protected the government introduced the, ‘The Mental Capacity Act of 2005’ which enables patients to be protected as a result of not having the autonomy of making decisions caused by lack of mental capacity to do so (NHS Choices, 2013). There are issues related to law which are difficult to deal with when one is not capable of doing so. Power of attorney which is offered to trusted person to control the finance of person with dementia can be tricky (Alzeimers, 2013). For an individual to stay in a residential home there is a need to pay towards their stay does and this does not show practice of justice (..) It will be of benefit to every dementia patients to be offered to have the same care service from the government unless if they offer to pay on their own for extra...