Element 6 : Rights and interests of the older person

1. Element 6:Rights and interests of the older person

2. How to provide Rights and Interests of older people • Encourage and support awareness of their rights & responsibilities. • Provide a commitment to access and equity principles • Empower the older person and their advocates in regard to services • Facilitate choices in their decision making • Recognise and report when an older person’s rights are not being upheld • Provide services regardless of diversity of race, culture, spiritual beliefs or sexual preferences • Provide information to clients/advocates regarding complaints

3. Duty of Care • Obligation of a Health professional to provide care • Deliver the highest possible professional care with considerations to the medical, ethical, social and religious needs

4. breach of duty of care • treatment is inadequately, inappropriately or poorly administered • complications are not properly managed • conditions are misdiagnosed due to carelessness • risks involved in treatment are not explained

5. breach of duty of care - failure to: • maintain client confidentiality • listen and respond to client’s complaints • apply appropriate OHS procedures • follow the standards and procedures of the organization • follow the standards, ethics or generally accepted principles of their profession or community

6. Negligence conduct which, in the opinion of the court • falls below an acceptable standard. • omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs would do, • doing something which a prudent and reasonable man would do (Laufer, 1992, “Law for the nursing profession and allied health care professionals”).

7. Negligence • Neglect consists of the deprivation by a carer of basic needs such as food, medication, services etc. • Neglect may be active or passive

8. essential elements of negligence • Duty of Care- breach • Dereliction of Duty- breach of standard of care • Damage- harm or injury • Direct effect - the damage was a direct result of the care workers actions

9. Think point! What impact would the concepts of duty of care and negligence have on the way you carried out your role as a care worker?

10. Consent Principles of consent • are based on common law • the concept that every adult person who is of sound mind has the right to choose what shall be done with his or her own body. How is consent given? 3 forms recognized: • Verbal (spoken) consent • Written consent • Implied consent

11. Valid Consent • Given voluntarily • Legal capacity • Informed • Refer to the actions being performed

12. Confidentiality Personal information, which is obtained while caring for a client, is confidential. The client has the right to decide who to share this information with. Confidentiality applies to information that a client or other care worker tells you verbally or gives you in writing. It also applies to things that you learn through observation.

13. Confidentiality All information in a person’s health care record is confidential and may not be disclosed without permission from the client or their guardian. Information may be shared with other relevant health and aged care workers when they need the information in order to provide appropriate care.

14. Residents Rights and Responsibilities A RIGHT Is a correct, ethically proper and natural entitlement A RESPONSIBILITY Is a liability, duty or something you are accountable for

15. Client Rights All clients have the general rights of Australian citizens. When receiving care support from aged care services, all clients have the right to: Information about their own health and health care Privacy Equality Confidentiality Dignity and respect Be treated as an individual Involvement in decision making about their care

16. Rights People who have disabling conditions /dependent on others for support also have the right to: • Support and protection in a least restrictive environment–this means that care services should be provided in a flexible environment in which client’s have the best possible opportunity to make their own choices and express their individuality. • Advocacy • Guardianship

17. Safeguarding Residents Rights • Residents agreements • Complaints resolution mechanisms • Community Visitors scheme • Advocacy

18. Ageing in place

19. Advocacy • An advocate- a person who acts on behalf of another party. • informal arrangement where a friend or relative acts as the advocate for an individual. • formal advocate can be a professional person or body, who intercedes on behalf of a client, to protect their rights. • Advocates role is to act as a/an : • spokesperson in upholding the client’s rights, • negotiator, • participator in meetings • monitor of services to the client • adviser, friend and provider of advice.

20. COMMON AIMS OF ADVOCACY • Increase the older persons control over goods and services • Overcome barriers that restrict opportunities • Ensure appropriate societal and service delivery responses • Protect human rights • Ensure better quality of life

21. Advocacy bodies - NSW • The Aged Care Rights Service • Office of the Protective Commissioner • Guardianship Tribunal • Office of the Public Guardian

22. Complaints If an older person receiving service in a residential facility is unhappy or concerned about the service they are receiving there are a number of ways in which they can register a complaint: Complaints Handling Scheme - each residential aged care service is required to establish its own comprehensive complaints handling scheme. Resident Council - each service should assist residents or their representatives to form a committee to discuss issues that they feel are important. Procedures should exist for these issues to be taken to management to negotiate an appropriate solution to any problems. Aged Care Complaints Resolution Scheme– complaints which are not resolved through the residential service’s internal complaints systems may be referred to the Aged Care Complaints Resolution Scheme

23. Complaints mechanisms • Every individual has the right to complain/ comment /suggest. • Complaints are different to harassment. • Complaints should be managed by policy of the facility. • Encourage people to verbalise and write down their complaints. • People who complaint often must be treated with respect at every complaint event.

24. ABUSE-Inflicting harm on another person verbally, physically or psychologically Types of Abuse • Psychological, Mental anguish • Economic, illegal or improper use of an older persons money, property or other assets. • Physical • Verbal your role is to report any suspicions you have confidentially to your supervisor

25. Guardianship Board The Guardianship Board is a legal tribunal with the power to appoint guardians and financial managers for people over the age of 16 years who are unable to make decisions for themselves because of a disability. For example, people with dementia, mental illness or severe physical or sensory disability. The Board is an independent state government tribunal that began operating in August 1989, and reports to the Minister for Community Services.

26. Guardianship Tribunal • may service disabilities such as Dementia, Autistic, Mental Illness, Brain injuries • may consent to medical treatment, living arrangements etc. • Guardianship orders reviewed every 5 years or as necessary

27. Useful information • Aged Care Information Line 1800 500 853 • Aged Care Complaints Resolution Line 1800 550 552 • Commonwealth Dept of Health and Family Services 1800 048 998 • www.seniors.gov.au • References: Recommended Text & Orientation to Aged Care Module.