The Argument On The Relationship Between Guardianship And Guardians
The case study describes about the tragic incident of Dorothy J.Drury, who died from injuries sustained in a fall while living at an Assisted Living Concepts , Inc. Drury had signed a Residency Agreement when his mother moved into the home, though he was not then his mother’s guardian, conservator, personal representative, or trustee and he did not have power of attorney for her. Drury’s mother suffered from dementia, chronic confusion, and memory impairment. The Residency Agreement included an arbitration provision. Drury sued ALC for wrongful death, in ALC defense they moved to compel arbitration, but the trial court denied the motion.
Lantern-Petris Short act The Lantern-Petris Short (LPS) act is a California Affair that gives directions and guidelines on how to deal with involuntary civil commitments of people to organizations or institutions famous in mental health. An act is a combination of rules that have been passed by the Parliament (Zeng, 2014). The procedure is always that a bill is first proposed by members of the parliament in which it is discussed and debated upon which it may be considered as an Act or nullified. The LPS was brought on board by prominent people in the government of California states.
Many people are supported in their homes by people who work along side the health and social care service such as social workers,nursers ,doctor and care givers or they may get support from their family members and friends. An elderly person may choose to stay in their own homes instead of a residential care home while seeking help and support from others,however this can lead to potential opportunities for abuse happening to the person who Is being looked after. When an individual is getting support at home by a carer, the individual being cared for is vulnerable and defenseless and therefor this makes them a target for abuse,another example is abuse by strangers,when an elderly person lives alone they are at risk of people calling at the door and then gaining access to their homes,they may steal items from them or mistreat them or cause intimidation. A person who is vulnerable and living alone are at risk of physical and sexual because there is no one there to stop this abuse from happening.
At Adult Protective Services majority of our work involves investigation of abuse, neglect, and exploitation. At Adult Protective Services our job is to protect the vulnerable elderly population, as well as the population that have disabilities. “Only APS is statutorily authorized and responsible for investigating elder and vulnerable adult abuse and taking steps to protect the victims, and it is generally only APS that helps the most frail and incapacitated older persons”(Quin, 2012, p.68). When abuse is suspected, a case worker will reach out to all parties involved, such as the alleged victim, alleged perpetrator, and all collaterals. Unlike many other professions, case worker are not required to have any written consent to speak with
The Victoria Government Department of Human Services (2012) stated “the freedom to make decisions which affect our lives is a fundamental right that each of us should enjoy”. The decisions we make in our lives represent who we are and how we want to be perceived by the world – whilst taking into consideration our own morals, beliefs and goals. Supported decision-making (SDM) is a process by which “a third-party assists or helps and individual with an intellectual or cognitive disability to make a legally enforceable decision for oneself” (Kohn & Blumenthal, 2013). May & Rea (2014) stated that “supported decision-making assumes that all people, regardless of their ability or disability, have some capacity to be involved in decision making”.
In the late 1960s and early 1970s, the United States Supreme Court issued a number of decisions that expanded the rights of children in juvenile court proceedings. The Court began extending due process rights to juveniles in Kent v. United States. The Court no longer accepted the premise that children should not have constitutional rights because of the special nature of the juvenile court. According to the Kent Court, "the child receives the worst of both worlds: that he or she gets neither the protections given to adults nor the solicitous care and regenerative treatment postulated for children" "(Kent v. United States 383 U.S. 541 (1966)", 2015, para 35).
The Mental Capacity Act applies in England and Wales to everyone who works in health and social care and is involved in the care of a person who is over 16 years of age who may lack capacity to make a specific decision at a specific time. Core principles Core principles: • A person is assumed to have capacity. A lack of capacity has to be clearly demonstrated. • No one should be treated as unable to make a decision unless all practicable and reasonable steps to help him or her have been exhausted and shown not to work.
Hillier and Barrow (2015), associate problems of caregiving with the responsibility itself, the caregivers personal health, role strains, strained family relationships, ect. With all of this strain on an informal caregiver it seems most beneficial to the caregiver and the elderly individual to consider admittance in to an assisted living facility. Once a basis has been established as to why an elderly person is admitted in to an assisted living facility, further insight shall be established to denote what is considered elder abuse. In this movie, Life and Death in Assisted Living Facilities, several
Dementia should be viewed as a disability as the symptoms affect the individuals’ ability to be responsible for their everyday needs for example taking medication, remembering to eat and drink. Dementia also affects a persons’ capacity which can be a risk to their safety. Symptoms of dementia can be a big risk to the person as it affects memory so the person with dementia could forget vital things like turning an over off, not locking doors. Balance can also be affected so falls, slips and trips are quite common which means aids need to be put into place to try and prevent the risk of falls, slips, trips and other risks like leaving the oven on or not taking medication. Not having the capacity or ability to act responsibly for their health and safety is viewed as
Permission from parents - A written consent from the parents or carers of the child is essential in order to take the children anywhere outside of the setting. Relevant medical or dietary needs of
When working with children and young people, it is important that their safety and well-being is paramount. There are a number of guidelines, policies and procedures which cover the safeguarding of pupils, including; Working together to safeguard children (2013)- This policy sets out guidelines of how organisations and individuals should work together to safeguard and promote the welfare of children and young people in accordance with the Children Act 1989 and the Children Act 2004. As well as laying out these guidelines, the document also provides a summary of: The nature of child abuse and neglect and the impact it may have on children and young people. How to operate the best practice in child protection procedure.
Asylums Total institutions of our society can be listed in five rough groups. The first group are the institutions established to care for people that are felt to be both incapable and harmless, such as people who are blind, elderly people, orphans (Goffman 1961). The author feels that if these people are able to look after themselves to a certain extent they should not be locked up in asylums. For example when elderly people are put in nursing homes, they often lose their independence as they become dependent on other people all the time.
Safeguarding is protecting people's health, wellbeing and human rights, and enabling them to live free from harm, abuse and neglect. Abuse comes in many forms, for example, physical, sexual, verbal, financial, emotional, discriminatory abuse and neglect and working in substance misuse it is important for me to protect individuals against safeguarding issues, such as blood borne viruses, drug awareness, drug dealing, sex working, domestic violence, neglect to others and self-neglect. I have worked with vulnerable adults, who are or may be in need of community care services due to mental or other disability, age or illness, and who are or may be unable to take care of themselves, or unable to protect themselves against significant harm or exploitation. Safeguarding adults involves protecting their rights to live in safety, free from abuse and neglect. I have worked in partnership to prevent the risk of abuse or neglect and stopped it from happening.
MD’s mother, who was the primary caregiver of GG (72), recently passed away. GG suffers from dementia, among numerous other chronic conditions, and due to his medical condition, must move in with his daughter. MD had to quit her part time job to care for her ill father. This scenario has caused DD an immense amount of stress, from one child moving away to another moving home, and the recent addition of his father-in-law. who has a progressive disease, into the home.
For example if an individual has been under section for many years, has multi-agency reviews whereby they have to reach a particular level of understanding and their mood/behaviour should remain stable before release they can ultimately feel as though the choice has been taken away from them, even though it is in their best interest that these decisions are made by other health professions. However once in the community the citizens should have a full explanation that the goals for their future are based on the decisions and choices they make whilst under conditions of their section, if taking medication is one condition of their community treatment order and the citizen is compliant, then, for example, they should be given further choice to decide what time they may take it and with what drink. In supported living it is often easier to ensure the citizens are receiving the right package of support suitable for them, as they are awarded support hours based on their needs, therefore in own area of work it is vital that as senior I sit with each citizen and ensure their hours reflect their daily routine, as opposed to residential care settings/hospital settings where they are more restrictive of time due to the number of patients to staff ratio being
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