Book contents
- A Clinician’s Brief Guide to Dementia and the Law
- A Clinician’s Brief Guide to Dementia and the Law
- Copyright page
- Contents
- Preface
- Common Abbreviations
- Chapter 1 Dementia
- Chapter 2 Dementia
- Chapter 3 Dementia
- Chapter 4 The Mental Capacity Act 2005
- Chapter 5 The Mental Health Act 1983
- Chapter 6 The Care Act 2014
- Chapter 7 Assessment of Capacity
- Chapter 8 The Diagnosis of Dementia
- Chapter 9 Care and Treatment Issues and the Law
- Chapter 10 Deprivation of Liberty
- Chapter 11 Discharge from Hospital
- Chapter 12 Abuse and Safeguarding
- Chapter 13 The Courts and Tribunals
- Chapter 14 The Interface between Dementia and the Criminal Justice System
- Book part
- References
- Index
Chapter 6 - The Care Act 2014
Published online by Cambridge University Press: 20 July 2023
- A Clinician’s Brief Guide to Dementia and the Law
- A Clinician’s Brief Guide to Dementia and the Law
- Copyright page
- Contents
- Preface
- Common Abbreviations
- Chapter 1 Dementia
- Chapter 2 Dementia
- Chapter 3 Dementia
- Chapter 4 The Mental Capacity Act 2005
- Chapter 5 The Mental Health Act 1983
- Chapter 6 The Care Act 2014
- Chapter 7 Assessment of Capacity
- Chapter 8 The Diagnosis of Dementia
- Chapter 9 Care and Treatment Issues and the Law
- Chapter 10 Deprivation of Liberty
- Chapter 11 Discharge from Hospital
- Chapter 12 Abuse and Safeguarding
- Chapter 13 The Courts and Tribunals
- Chapter 14 The Interface between Dementia and the Criminal Justice System
- Book part
- References
- Index
Summary
Clinicians are less likely to be familiar with the provisions of the Care Act compared with the MHA or MCA. While the Act is primarily the domain of social workers and local authorities, its effects are so widespread that a general overview of it is helpful in planning care and providing safeguards for people with dementia. The importance to clinicians arises because so much hinges on the assessment of the person’s needs and that the assessment is carried out in accordance with the Care Act. In a typical case in the Court of Protection, the key documents before the court will be determined by the Care Act assessment. These relate to what the person needs and whether they have the capacity to accept or decline the services required. We discuss the main provisions of the Care Act, which places a series of duties and responsibilities on local authorities concerning care and support for adults, as well as safeguarding in the Act. We then discuss the role of Continuing Healthcare, which is legally underpinned by the NHS Act 2006 and the Care Act, with the overlapping legal schemes essentially working in parallel.
- Type
- Chapter
- Information
- A Clinician's Brief Guide to Dementia and the Law , pp. 46 - 51Publisher: Cambridge University PressPrint publication year: 2023