Dáil Éireann Debate, Thursday - 3 December 2015
55. Deputy Billy Kelleher asked the Minister for Health the process of consent that is sought from persons living with dementia who are moved into long-term residential care, with particular regard to when they have expressed a choice to remain living at home in the community; the obligation there is to provide care in the community in these circumstances; and if he will make a statement on the matter. [42985/15]
View answerThe policy of Government is to support older people to live in dignity and independence in their own homes and communities for as long as possible, and every effort is made to do this.
More specifically the Irish National Dementia Strategy notes that 66% of all people with dementia live in the community. The Strategy commits to supporting them to live in their own homes and to maintain existing roles and relationships for as long as possible, supported by the wider community along with primary, secondary and community care services. There is also a commitment to giving as much support as possible to informal and family carers who care for people with dementia at home.
Unfortunately, there will come a time for many when the levels of care or support needed or the level of dependency of the person in question mean that residential care is the most appropriate option. At all stages, every effort is made to respect the wishes of the person themselves.
A 'specified person' may apply for a care needs assessment on behalf of an applicant where it appears to the specified person that an applicant may need care services and, by reason of ill health, physical disability or mental condition, such as dementia, is unable to make an application for the assessment on their own behalf. The HSE must be satisfied that the specified person is acting in the best interests of the person. The following categories of person may act as a specified person:
- The Committee of a Ward of Court;
- A person appointed under a valid, registered enduring power of attorney who is not restricted from applying for the scheme;
- A care representative appointed under the Nursing Homes Support Scheme Act;
- The applicant's spouse or partner;
- A relative of the applicant who is 18 years of age or over;
- A next friend appointed by a court;
- The applicant's legal representative; or
- A registered medical practitioner, nurse or social worker.
There is, however, no obligation for the individual to take up nursing home residence even if the care needs assessment indicates that they require long-term nursing home care.
The Assisted Decision-making (Capacity) Bill, which is currently before the Oireachtas, is designed to protect and empower individuals who may lack the mental capacity to make their own decisions about their care and treatment.
