Mental health rights

[natty23]

does a person suffering from dementia and in a nursing home, have a different set of human rights? as in, if they can't make informed choices, but refuse a test to be done, what would the course of action be?

[littlemissx]

i should imagine they would have tests to see if they are mentally stable to choose such decisions and if not i would assume that the choice goes to the closest next of kin

[Goodsoulette]

this is what sectioning under the mental health act would be about. I know that in nursing homes they liase with the resident's doctors regularly and a doctor would dfinitely take this up if he/she felt that the patient was incapable of making an informed decision.

[natty23]

if a patient has dementia and is residing in a nursing home, does that automatically put them under the mental health act?

anyone know of some guidelines?

[Eastender]

Hi natty if a person has dementia in a nursing home, it will be recorded on their care plans. They of course have the same rights as anyone else. But they will be prompted to do various things. Example bathing, eating visting the toilet. What is it you exactly need to know, I might be able to help you as I have been a Carer for years.

[Goodsoulette]

no it doesnt but a doctor could use it if a patient refused treatment that he feels they don not have the judgement to make a decision as to whether they need it.

[mycatis]

http://www.samh.org.uk/newmentalhealthact/actbriefing.html

[WendyS]

If the individual is suffering badly from dementia and is likely to cause harm to themselves or others they can be sectioned under the Mental Health Act. (And if they are sectioned, the local authority has to pay for their nursing home accommodation.) This is a very difficult problem because often dementia sufferers can become very aggressive and stubborn which can in itself cause sufficient problems for the nursing home in being able to manage and control them and the way they react to other residents.. If this becomes the case the Matron could be within her rights to call in a GP or psychiatric team and the patient could be sectioned. Does the individual have a relative who has Power of Attorney? If so, they should liaise with Social Services & possibly the Citizens Advice Bureau to find out exactly where they stand in looking after the rights of the individual they are representing.

[natty23]

The situation was a dementia patient within a nursing home needed blood taken. a community phlebotomist called to take the blood but the resident refused and became very aggresive, the carers were all for holding the guy down, but the phlebotomist refused.

The phleb was right not to carry out the procedure becuase of the obvious danger, but i was wondering if there had been no agression and it was a straight refusal, what shoudl the phleb do? in refusing to take the blood, was the phleb protecting the residents rights or shoudl he have ignored the refusal and took the blood?

sorry for the longwindedness ;)

[Eastender]

Yes he was protecting the residents rights, after all this could be used in the same way as a Jehovahs Witness beliefs surely? A very interesting question, I will look back to see what other ABs have written.