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Enhanced dementia practice for social workers

Rights, support and protection - case studies

Refer to appendix 7 for a breakdown of the powers in the primary acts.

Case study 1 - Walter

Walter (49) has a learning disability (Downs Syndrome), asthma and heart disease and recently has shown symptoms of cognitive impairment. His memory is increasingly poor, he appears more stressed, has difficulty finding words at times, is disoriented and getting lost. His parents supported him until about a year ago, when they both died within weeks of each other. He was left a substantial amount of money. A care plan was introduced at the time, but Walter is often unwilling to go along with supports he once accepted. He is sometimes verbally aggressive to the care staff and can be physically intimidating. Walter's brother John is his is main family support. However, it is believed he is using Walter's cash to buy alcohol for his friends and uses Walter's house as a venue for drinking parties. John refuses staff access to Walter, only allowing entry to one support worker. Walter is also believed to be drinking excessively, has been seen disinhibited in public places and is paying little attention to self-care. Walter's GP suspects he is becoming incapable of understanding he needs support and treatment. Walter's house is now untidy and cans of lager litter the floor. He remains at home most of the time, because his asthma limits his ability to walk. He eats if his support worker helps him prepare food. There have been reports of John regularly accompanying Walter to a cash machine yet Walter cannot account for the money taken.

Questions

  1. What are the risks to which Walter is exposed?
  2. What are Walter's rights and apparent wishes at present?
  3. Applying the respective criteria, which Act offers the most appropriate duty to inquire in Walter's situation?(2000 or 2003 or 2007 Act) Refer to the Acts to assist you to make a decision.
  4. Which Act and associated powers offers the better opportunity to protect Walter as a vulnerable adult? Refer to your Acts to assist deliberation.
  5. How might Walter's finances be protected?
  6. How might the Equality Act (2010) impact on Walter's situation?
  7. How would you proceed to work with Walter?

Case study 2 - Angus

Angus (75) gave his butchers business to his son Iain 10 years ago when his wife died. Iain is married with three children including a disabled daughter who requires a lot of support. In the last three years, Angus's physical and mental health has deteriorated markedly. A heavy smoker all of his life, he now has emphysema and he has suffered a series of strokes which have left him with difficulties in walking and caring for himself. He has also begun to be affected by the onset of dementia. Once a very astute businessman, who took a keen and active interest in politics, Angus is now frequently confused, disorientated and forgetful. Angus moved in with his son two years ago and has attended a day centre three days a week to give the family respite. He is resistant to this now however, often becoming upset and disorientated by the change of environment. The family is deeply upset that the necessary respite is failing. Angus is also now lapsing into Gaelic, the language of his younger days in Lewis. This upsets others who attend the day centre as they can't understand him. Angus often rejects his medication, which the family hides in his food. His son is stressed and anxious and has been heard shouting at Angus when he has been collected from the centre. Out of concern for all, the family has discussed the matter with Angus's social worker.

Questions

  1. How might Angus be feeling at present?
  2. What issues surround the use of long-term measures in the primary Acts to support and protect Angus and his family?
  3. What are the strengths and weaknesses of each provision in supporting and protecting Angus and his family, applying the principle of the least restrictive approach?
  4. What alternatives may be available to that of the day centre that may be suitable to support Angus and give his family respite?
  5. What impact may an advocate have acting for Angus?
  6. Would Self Directed Support be suitable in Angus's case and how would this be managed?

Case study 3 - Nancy

Nancy (73) has dementia, which has progressed significantly over the past year. Her husband looked after her until his recent death. Social work services are involved following a number of incidents where Nancy was found in the street at night, apparently returning to a previous home She has also invited people who have knocked on her door into her home. Neighbours find her partially dressed and often distressed when they visit. Their arrival can help her to be calmer. Some years ago, Nancy appointed her son as continuing and welfare power of attorney. He manages her financial affairs. A recent assessment concluded that she may benefit from moving into a residential setting. She enjoys company and her need for increased levels of care is growing. Nancy is apparently willing but her son refuses to consider her transfer to a care home. She has become distressed at not having money to spend when she goes out, and her financial contribution to care at home support has been stopped by her son.

Questions

  1. What role do the duties, powers and offences of the Primary Acts have in considering protection for Nancy?
  2. How may social work services protect Nancy rights, engage with her and her son fully and ensure she is supported?

Refer to Alzheimer Scotland's Charter of Rights for People with Dementia.

Case study 4 - Wilma

Wilma (72) has mild to moderate dementia, Chronic Obstructive Pulmonary Disease and heart disease. She is generally resistant to support. Her house is basically furnished and untidy. There is a smell of urine as Wilma is not continent during the night although she herself states she has no problems with going to the toilet or self-care. Wilma is thin and unkempt. She is fairly inactive and remains at home most of the time. She has no family support and says she is lonely most of time. She is constantly breathless and uses an oxygen concentrator. Wilma has a male friend, much younger than her, who generally visits her on Friday nights. Wilma has told carers that this man now wants to have sex with her and she says she is frightened of him but feels his company helps reduce her loneliness. She also thinks he wants money from her. She is fiercely independent, however, maintaining she has a choice in the matter and wants to continue to see him.

Questions - Consider Wilma's situation in the context of adult at risk procedures.

  1. Investigate the duties of the local authority and the respective duties on other public bodies and officer holders.
  2. Presume your local authority decides to initiate adult at risk procedures here. What are the steps and timescales which may be necessary to protect Wilma?
  3. How can social workers promote Wilma's right to make her own decisions and exercise informed choice while remaining safe?

Refer to Alzheimer Scotland's Charter of Rights for People with Dementia.

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