Care and Support for Persons with Mental Disorders - Case Study Example

Abstract Care and support of persons with mental disorders has been a subject of contention in England with many people agreeing that a lot needs to be done to improve their welfare. The case study by Molly Jones is a superb example of the current problems facing people with mental disorders and their families. In analyzing Molly’s case study, I will look some legislations and policies that are relevant. Among those legislations are the Equality Act 2010, the mental capacity act 2005 and the mental health act 1983. The relevant policies include the care and support white paper, deprivation of liberty safeguards, safeguarding of vulnerable adults paper and the care act 2014. Laws and Policies Are Safeguarding Persons with Mental Disorders The Equality Act 2010 The law provides protection for disabled people against discrimination. According to the law it’s illegal to discriminate against persons with a disability be it mental or physical. The law provides protection to disabled people in a number of areas including employment, businesses that provide goods and services, for example, banks, health care providers, real estate agents, schools and colleges, transport services and government departments (Sewel, 2013, pg. 133). The Act goes further to protect the guardians of the mentally disabled persons against discrimination (Great Britain 2007). The law becomes relevant in Molly’s case study because it protects Molly Jones together with her daughters Clare and Lisa against discrimination in all the areas covered by the law. The Mental Capacity Act 2005 The law provides protection to mentally disabled people in cases where they cannot make decisions for themselves hence the name mental capacity act. The law provides that in case a person is mentally incapacitated that is if a person is proven incapable of making decisions affecting him or her, the person making the decisions on their behalf should do it in their best interests. The Act provides that after an assessment by a medical practitioner confirming that a person is incapable he is allowed to appoint an advocate to make personal decisions on their behalf (Callard 2012, p. 79). The decision may be in a medical procedure, a legal issue or a financial matter. In cases where an incapacitated person cannot appoint an advocate for himself, the court is granted the power to appoint the advocates for them who will act on the person's best interests. The Mental Health Act 1983 The law was developed to protect the people with mental disorders. The law provides for situations, under which people with mental disorders should be restrained, the manner by which criminal cases involving them will be handled, their detention criteria and their consent of treatment that is in cases where a person with a mental disorder requires a medical procedure a professional second opinion appointed doctor should provide consent (Great Britain 2007). The act also provides for how persons with mental disorders should receive aftercare that is for patients with long term conditions they are entitled with the appropriate aftercare free of charge after discharge from medical facilities (Mendez 2003, p. 23). The Care and Support White Papers The paper is the blueprint for the government’s vision for reformed support systems and care. The article was accompanied by a draft care and support bill that provides for the necessary legislation for these reforms (Atkinson 2007, p. 147). The article provides for the Government to give councils a clear duty to incorporate early intervention and preventive practice in public health and social are frameworks. A number of measures are proposed to ensure that disabled people can acquire support including housing. The paper also proposes the provision of free social care and supports for prisons and army veterans. The policy is relevant to Molly’s case study because Molly Jones is a mentally incapacitated person requiring the support and care addressed by the system. Deprivation of Liberty Safeguards They are an amendment to the mental capacity act 2005 which allows for the restraint of a person who is mentally incapacitated at his or her best interests (Great Britain 2005). The safeguards are only usable in a care home or a hospital once it’s established that the person will no longer have their liberty. The safeguards require care homes and hospitals to seek authorization from a health body or the relevant local authority before depriving a person of his liberty what is called requesting standard approval. When the standard approval is granted, a person is appointed and given the legal powers of representing the patient; usually the person appointed as a representative is a family member or a close friend. In Molly’s context deprivation of liberty refers to the restraining of a person, requiring a person to be supervised, wheelchair straps and sprints, having a mentally disabled person stays somewhere against their will or that of his or her family members. The deprivation of liberty safeguards are relevant in the case study because Molly Jones is in a way mentally incapacitated and requires her liberty safeguarded. Safeguarding Vulnerable Adults These are the multiagency procedures and guidelines devised to safeguard adults from abuse. The policy is covered by the care act that places care and support of vulnerable adults in the one document. The system follows basic principles of empowerment, protection, prevention, proportionality, partnership and accountability. On the principle of protection mentally challenged health practitioners should take reasonable and appropriate measures to ensure they are protected. Prevention of harm to the individual also falls here, it involves the reduction of risks and ensuring that mentally challenged persons are in safe environments. Proportionality means the safeguarding of a person’s liberty by the presentation of the least restrictive choices in medical facilities. A partnership requires the cooperation between professionals and the community in the prevention of harm and abuse of the mentally challenged. Accountability requires there be ongoing assessments and audits to identify areas of concern and improve on the safeguarding of the vulnerable persons. The mentally incapacitated like Molly belong to the category of vulnerable adults that require safeguarding hence the policy is relevant (Sommerville 2009, p. 543). The care act 2014 The care act 2014 is a buildup of the reviews and reforms aimed at reforming the current approach to adult’s social care in England. The act sets up new functions to the local authorities in as far as social care is concerned. Under the act the new functions of the local authorities will be: ensuring that people requiring special care receive services that prevent, reduce and delay their care needs from becoming more serious, provision of information required in decision making on the care and support requiring special needs, providing a good range of service providers for people requiring special care. The local authorities are not only expected to promote the wellbeing of the users of services but also their carer’s. The act provides for an assessment on the eligibility on both the carer and the people they care for the right is based on the appearance of needs regardless of the financial resources available and the level of the needs and support. Once the eligibility assessment is complete the local authority must decide on whether the carer’s needs are eligible, the eligibility is based on the national eligibility threshold where someone is not eligible a written record of advice on what could be done to meet the needs. For those people whose financial wealth is not enough to take care of person requiring social care the act’s cap on care costs provide financial protection for them. Application of the laws and policies to improve Molly’s life . There are several ways in which the above-mentioned laws and policies can be used to better Molly Jones and her family’s quality of life. Firstly the Equality Act can be applied by to deter discrimination against Molly and her family. According to the act its illegal for employers to discriminate against persons with mental disorders and their family from the equality perspective Clare and Lisa’s employers should not discriminate against them based on the fact that they are using up so much of their time taking care of their mother according to the act it should not be the basis for them to lose their jobs. The law also protects Molly Jones against discrimination in businesses that provide goods and services, for example, the shop where she had a disagreement with the shopkeeper because of forgetting to pay for some items in the store. Poor memory should not be a basis whatsoever for the shopkeeper to discriminate against Molly Jones and deny her the services he offers. Secondly the family through the care and support white paper can seek financial support and day care services to be provided by the government through the local government. According to the care and support white paper Molly is entitled to care and support from the local government the care includes social care. Social responsibility, in Molly’s case, means home care services that Lisa and Clare are provided by offering to stay with Molly at their houses. The government is also in charge of providing the necessary therapy for Molly. The family can also use the mental capacity act 2005 to protect Molly against exploitation when incapable to make a decision on her (Great Britain 2005). The act applies in cases where Molly is making an important personal decision the decision may be regarding finance legal procedures or medical procedures. According to the act, Molly can appoint an advocate to represent her and make decisions on her best interests when proven she is not in a position to make the decision. The Advocates, in Molly’s case, should be her immediate family when it’s proven who Molly should have appointed when still in good health. In cases where Molly is yet to appoint an advocate herself a judge shall appoint one for her, who should act on Molly’s best interests. Thirdly Molly and her family can apply the mental health act in instances where Molly will be requiring medical attention the law will safeguard Molly against procedures that are not to here best interests. According to the mental health act, Molly can sue a medical practitioner in case it is proven that a medical procedure was carried out on Molly and not on her best interest. Proof from a second opinion, in such a case, an independent doctor. The mental Health act assists so much in as far as protection is necessary of Molly’s Welfare and hence the protection of her family’s peace of mind and improvement of their quality of life Fourthly Molly and her family can use the policies on the deprivation of liberty to ensure that Molly right is taken care of. It may apply in instances where Molly is under the care of a home or her family. According to the deprivation of liberty policy, Molly should consent to anything being done to her and when incapable of consenting or when it is necessary. Otherwise the careers or the health practitioners should seek authorization from a health body or the local authority. The protection of Molly’s liberty will go a long way in the protection of her dignity and hence the improvement of her life. Lastly based on the care act 2014 Molly and her carer’s Clare and Lisa could seek the assistance of the Worcester local authority on the kind of support they are eligible for. As provided by the act once they meet the eligibility threshold provided by the local authority. The local authorities should provide advice to the family on what amount and care they should seek, the service providers they should seek help from and the financial support the council should provide if they are not financially capable. Possible Challenges to the Approach Firstly Molly and her family depend on the local authority in Worcester to prove their eligibility for support and care according to the Care Act 2014 where whether they receive support from the authority depends on the assessment. Also there are a few challenges to ensuring that Molly and her family are protected by the Equality Act 2010. The fact that Molly Jones is suffering from Dementia a condition associated with memory loss may make it very difficult for Molly to identify a person or instance where she has been discriminated. It becomes very difficult for the relevant authority to take action if the victim cannot remember the offender. Another challenge arises with the admission of Molly’s statement by the appropriate authorities in case of reporting a discrimination case. The reason being, testimony from a person with mental disorders is not admissible in courts of law (Sewell 2013, p. 100). Also on equality on the part of discrimination by the employer most employers have performance contracts that are used for sacking of individuals in case of bleach. Where a person with a mental disorder or a person associated with her is laid off work on the basis of breach of the performance contract, it would be very difficult for the authorities to take action. The reason being, after signing the contract both parties are subjects to it. The second challenge will arise in the implementation of the mental capacity act 2005. The law allows for the admission of an advocate who should act in the best interests of the person with mental disorder. In most cases, no one is there to monitor the actions of the advocate to ensure they are at the disabled person best interests (Morey 2007, p. 85). There are instances where the advocates are interested in taking advantage of the person with a mental disorder mostly on the issues of finances in such cases it becomes very difficult. In Molly’s case if the persons she appoints as her advocates do not act to her best interests her welfare is made worse off through the law that was supposed to safeguard her. The third challenge arises in the implementation of the care and supports white papers. The papers obligate the government with providing social care and financial support to persons with mental disorders. The fact that the government has a lot of priorities competing for the scarce resources makes it very difficult for to achieve the objectives of the white paper. The large number of persons requiring care and support also presents a challenge to the delivery of quality support and care. Quality The issue of quality health care for persons with mental disorders cannot be avoided with emphasis on quality being the main causes of the setting up of the acts and implementation of the same. It’s evident in Molly’s case that the quality of health care is not of the best standard with her condition worsening even after support from the local Alzheimer’s society and the sporadic contact. The care act 2014 has solved the issues of quality as it has placed the burden of ensuring quality services on the local authority. On implementation of this act Molly shall receive quality Dementia support provided by the Worcester local authority this will go a long way in improving Molly’s quality of life. Summary Mental illnesses can be treated. If someone starts first symptoms of mental illness to develop, it is important to consult a doctor or a mental health service in the community for help. The right treatment can improve the condition of a person or to help to help a person to live well, despite the presence of persistent symptoms. Psychological treatments are often the most useful for affected people with anxiety disorders or depression, while drugs are especially useful for the most affected people with mental illness. Sometimes symptoms can be as confusing to the person they do not realize they are sick be. In Molly’s case, the family or friends can visit the doctor in order for the assistance and advice on how to help best to ask the person. In the first review of mental illness. A doctor is a diagnosis based on the particular model of individual symptoms. The symptoms which can show the person has depression are: Feeling "down" over a longer period not sleep unable to concentrate. The doctor will then talk to the person about the best treatment for the symptoms and their causes. Sometimes the changes modify diagnostic symptoms or other information about the person and their condition are known. The important thing is that the doctor so that the useful treatment are selected to understand the symptoms. The doctor is on the person, how the treatment works, and to explain to speak the side effects. The person may ask the doctor about the planned treatment. The care and support white papers ensure that Molly’s health is the responsibility of the government and the family, the papers entitle Molly to healthcare to enable her lead a normal life whether her family can afford it or not. The provision of healthcare by the government will go a long way in ensuring Molly leads a normal life. Molly and family can restore her life to normalcy by safeguarding her against discrimination as entitled to her by the Equality Act. The family should sue anyone that’s involved in the discrimination of Molly be it directly or indirectly. On the white papers perspective, Clare’s employer should not discriminate against her for taking too much time taking care of her mother, and sacking should never be the basis of her losing her job. The family through the care and support white paper can seek financial support provided by through the local and central government, the financial support could go a long way in improving Molly’s life as the funds can be used in the purchase of her medicine, therapy and personalized care to restore her life to normalcy. The family though the mental capacity act can appoint one of Molly’s daughters as an advocate to take care of her finances. With someone taking care of her finances, the possibility of someone taking advantage of her by trying to steal from her would be reduced. Under the provision of the Mental Health Act, Molly is protected from medical procedures that can adversely affect her mentally. The mental health act ensures that medical practices Molly is subjected are to her best interest. The Deprivation of Liberty papers ensure that the liberty of Molly is maintained as she seeks medical help, it will ensure that Molly’s esteem is maintained as she is treated. Bibliography Atkinson, M 2007, Advance Directives in Mental Health: Theory, Practice and Ethics. London, Jessica Kingsley Publishers. Callard, F 2012, Mental Illness, Discrimination, and the Law Fighting for Social Justice. Chichester, West Sussex, UK, Wiley-Blackwell.  Great Britain 2005, Mental Capacity Act 2005: Chapter 9. London, Stationery Office. Great Britain 2007, Mental Capacity Act 2005: Code of Practice. London, TSO Mendez, J L 2003, Dementia: A Clinical Approach. Amsterdam, Butterworth-Heinemann. Morey, K T 2007, The Family Intervention Guide to Mental Illness: Recognizing Symptoms & Getting Treatment. Oakland, Calif, New Harbinger Publications. Sewell, H 2013, The Equality Act 2010 in Mental Health: A Guide to Implementation and Issues For Practice. Sommerville, D 2009, The Ethics of Caring for Older People. Chichester, UK, Wiley-Blackwell. Read More