Ethical and legal issues in the care of people with dementia

2001 ◽  
Vol 11 (3) ◽  
pp. 245-268 ◽  
Author(s):  
RG Jones
Keyword(s):  
Medical Ethics ◽  
Legal Issues ◽  
England And Wales ◽  
People With Dementia ◽  
Ethical And Legal Issues ◽  
The Law ◽  
The Uk

This paper addresses some ethical and legal issues which arise in the UK in the care of people with dementia, focusing on the law in England and Wales – updating and revising the 1997 and earlier version. The ‘end of medical ethics’ continues to be debated, with an attendant fear of doctors’ responsibility and authority being fatally eroded by administrators and cost controllers, concerned only with budgets and ‘bureaucratic parsimony’.

Ethical and legal issues in the care of demented people

1997 ◽  
Vol 7 (2) ◽  
pp. 147-162 ◽  
Author(s):  
RG Jones
Keyword(s):  
Medical Ethics ◽  
Legal Issues ◽  
Ethical And Legal Issues ◽  
The Uk

This paper addresses the ethical and legal issues which arise in the UK in the care of demented people, updating and revising the 1993 review in this journal. In 1993 the ‘end of medical ethics’ had recently been suggested, an American fear that the doctor‘s responsibility and authority would be fatally eroded by administrators and cost controllers, concerned only with budgets. These concerns persist.

scholarly journals Approach to Management of Wandering in Dementia: Ethical and Legal Issue

2021 ◽  
pp. 025371762110309
Author(s):  
Adesh Kumar Agrawal ◽  
Mahesh Gowda ◽  
Umesh Achary ◽  
Guru S. Gowda ◽  
Vijaykumar Harbishettar
Keyword(s):  
Behavioral Treatment ◽  
Comprehensive Evaluation ◽  
Mental Healthcare ◽  
Legal Issues ◽  
Legal Issue ◽  
Clear Understanding ◽  
Treatment Needs ◽  
People With Dementia ◽  
Increased Risk ◽  
Ethical And Legal Issues

Wandering behavior is one of the most important and challenging management aspects in persons with dementia. Wandering behavior in people with dementia (PwD) is associated with an increased risk of falls, injuries, and fractures, as well as going missing or being lost from a facility. This causes increased distress in caregivers at home and in healthcare facilities. The approach to the comprehensive evaluation of the risk assessment, prevention, and treatment needs more strengthening and effective measures as the prevalence of wandering remains high in the community. Both the caregiver and clinicians need a clear understanding and responsibility of ethical and legal issues while managing and restraining the PwD. Ethical and legal issues especially in the light of the new Indian Mental Healthcare Act of 2017, related to confinement by family members in their homes by family caregivers, seclusion, physical or chemical restraints, other pharmacological and behavioral treatment, highlighting their effectiveness as well as adverse consequences are discussed. This article attempts to address an approach in managing wandering behavior in PwD in light of MHCA, 2017

Dementia, Sexuality, and the Law: The Case for Advance Decisions on Intimacy

2020 ◽  
Author(s):  
Oluwatoyin Sorinmade ◽  
Alex Ruck Keene ◽  
Carmelle Peisah
Keyword(s):  
Sexual Activity ◽  
Unmet Needs ◽  
England And Wales ◽  
Capacity To Consent ◽  
Level Of Functioning ◽  
People With Dementia ◽  
The World ◽  
The Law ◽  
Advance Decisions ◽  
The Right

Abstract Some individuals develop dementia and the invariable consequence of dementia is a decline in cognition and level of functioning. Despite the effects of this illness, people with dementia still seek intimacy and companionship as part of their expression of basic human instincts and have the right to equal enjoyment of relationships and privacy for such. At the same time, they have the right to be safeguarded against abuse. The law in England and Wales, in common with the majority, if not all, jurisdictions around the world is clear on the requirement for contemporaneous consent to sexual activity, thereby creating unmet needs for people with dementia who no longer have the capacity to consent to intimacy/sexuality. This creates an impetus to find ways to empower individuals with dementia to enjoy intimacy in a safe and lawful way and enable them to live well despite dementia. This article proposes an instrument known as the Advance Decision on Intimacy, in pursuit of the concept of precedent autonomy, to empower individuals to make decisions about how they would wish to express their sexuality at a material time in future when they would have lost the capacity to consent to such acts. While the article is framed by reference to English law, the principles are of wider relevance.

scholarly journals The Impact of Artificial Intelligence on the Formation and the Development of the Law

2020 ◽  
Vol 2 (1) ◽  
pp. 1-15
Author(s):  
Sébastien Lafrance
Keyword(s):  
Artificial Intelligence ◽  
Legal Profession ◽  
Legal Issues ◽  
Predictive Tools ◽  
Ethical And Legal Issues ◽  
The Law ◽  
The Impact

AbstractThis paper explores various impacts of artificial intelligence (“AI”) on the law, and the practice of law more specifically, for example the use of predictive tools. The author also examines some of the innovations but also limits of AI in the context of the legal profession as well as some ethical and legal issues raised by the use and evolution of AI in the legal area.

scholarly journals The Welsh Transplant Incident

2018 ◽  
Vol 25 (3) ◽  
pp. 309-321
Author(s):  
Remigius N. Nwabueze
Keyword(s):  
High Risk ◽  
Legal Issues ◽  
University Hospital ◽  
Organ Shortage ◽  
Clinical Use ◽  
England And Wales ◽  
Expanded Criteria Donor ◽  
First Impression ◽  
Expanded Criteria ◽  
Ethical And Legal Issues

Abstract Hughes and Stuart’s shocking and unexpected deaths from the transplant treatments they received at Cardiff’s University Hospital of Wales could, in Lord Denning’s terminology, be described as ‘a most extraordinary chapter of accidents’. As Hughes and Stuart’s transplant treatments were based on expanded criteria donor kidneys, their deaths underscore not only the perennial problem of organ shortage in England and Wales which necessitates the clinical use of ‘high risk’ organs; but also, their deaths invite a re-examination of some of the ethical and legal issues involved in transplantation with expanded criteria donor organs. Being incomparable in calamity and rarity, the Welsh transplant incident is bound to raise novel issues of first impression in negligence, issues that this essay attempts to identify and analyse.

10 Company Subject to Another Insolvency Procedure

2021 ◽  
Author(s):  
French Derek
Keyword(s):  
United Kingdom ◽  
Financial Market ◽  
England And Wales ◽  
The United Kingdom ◽  
The Law ◽  
The Uk ◽  
Default Rules ◽  
Building Societies ◽  
A Company

This chapter sets out who can apply for a winding-up order and when a winding-up order can be made where a company is already subject to an insolvency procedure. This chapter discusses the insolvency procedures under the law of England and Wales, other parts of the United Kingdom and outside the UK. A supervisor of a company voluntary arrangement (CVA) approved under IA 1986, part 1, may petition for the compulsory winding up of the company, and the court may appoint the supervisor to be liquidator of the company. IA 1986, part 1, is applied with modifications to building societies by the Building Societies Act 1986. When a company is in administration, no petition for it to be wound up may be presented without the administrator’s consent or the court’s permission, unless it is presented for the purpose of proceedings under the default rules of a recognized body in a financial market.

The Current Legal Framework Relating To Directors

2017 ◽  
Keyword(s):  
Corporate Governance ◽  
Common Law ◽  
Listed Companies ◽  
Legal Framework ◽  
England And Wales ◽  
Corporate Governance Code ◽  
Industry Standards ◽  
The Law ◽  
The Uk ◽  
Criminal Legislation

This work attempts to state the law of England and Wales relating to the duties and liabilities of directors of companies, both civil and criminal. The most important elements of the legal framework affecting these matters are the company’s constitution and the Companies Act 2006, but particular aspects of a director’s conduct may engage other statutory provisions (eg Insolvency Act 1986 or criminal legislation). Common law rules and equitable principles provide the background that informs the interpretation of the legislation and the assessment by the court of a director’s conduct. Also relevant are ‘industry standards’ such as the UK Corporate Governance Code, which applies to listed companies, and guidance from the Financial Conduct Authority (FCA) for companies subject to its regulation.

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