Dementia is a neurological condition that can affect people of all ages, but is most commonly seen in older adults. While there is no single cause of dementia, it is believed to be caused by a combination of factors, including genetic predisposition, lifestyle choices, and medical conditions. Dementia can lead to a decline in cognitive abilities, including memory and problem-solving, as well as changes in mood and behavior.
The vast majority of people with dementia will eventually need some form of long-term care and support, as the condition progresses. In the UK, the main piece of legislation that governs care and support for people with dementia is the Mental Health Capacity Act 2005. This Act includes the introduction of the Deprivation of Liberty Safeguards (DoLS), which apply to people with dementia who lack the mental capacity to make decisions about their care and support.
DoLS are designed to protect the rights of people with dementia, while also ensuring that they receive the care and support they need. In order to be eligible for DoLS, a person with dementia must be:
-Unable to make decisions about their care and support
-Likely to suffer from harm if they were to receive that care and support
-Not objecting to the care and support that has been proposed
It should be noted that DoLS does not apply to all people with dementia – only those who lack the mental capacity to make decisions about their own care and support. If a person with dementia has capacity and is able to make their own decisions, then DoLS does not apply.
People with dementia who are eligible for DoLS may have their care and support arrangements restricted in a number of ways, including being placed under a supervision order, being required to live in a particular setting, or having restrictions placed on their contact with other people. These restrictions will only be imposed if they are considered to be in the person’s best interests, and must be regularly reviewed to ensure that they are still necessary.
If you are concerned that someone you know may be eligible for DoLS, you can contact your local authority or the Court of Protection for advice.