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The Deprivation of Liberty Safeguards and people with Dementia

By Sandra M. Dwyer

Abstract

This paper looks at the implications of the Deprivation of Liberty Safeguards, (which are an extension of the Mental Capacity Act 2005), for older people with dementia. The safeguards are likely to apply to a small minority of people with dementia. They involve a thorough assessment process by qualified and experienced professionals. Other aspects of the Mental Capacity Act 2005 that are protective of people with dementia who are found to lack capacity to decide on care home entry, will also be discussed. Despite the welcome protection afforded by the Mental Capacity Act, older people who lack capacity and who are placed in care homes, do not benefit from the same level of checks and balances that people have who are sectioned under the Mental Health Act 1983.Peer-reviewe

Topics: Deprivation of liberty, dementia, older people
Publisher: Oxford University Press
Year: 2010
DOI identifier: 10.1093/bjsw
OAI identifier: oai:lra.le.ac.uk:2381/9620
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