Dementia, the law and dementia rights

People with dementia, and their carers, have the same human rights as every citizen. But if you face any barriers or challenges which may prevent you from fulfilling these it is important to know your rights. There are also laws in place to support and protect people with dementia in Scotland. This section summarises the laws and your rights.

 

The Adults with Incapacity (Scotland) Act 2000

The Adults with Incapacity Act provides a framework for safeguarding the welfare and finances of adults who may lack the capacity to make decisions. As dementia progresses, you may find it more challenging to make or understand decisions. The Act set up ways to do this, including:

 

View a short guide to the Act.

 

 

Mental Health (Care and Treatment) Scotland Act 2003

The Mental Health Act sets out a framework for providing treatment to people with a mental disorder, including dementia, who need it but are not able or not willing to agree to the treatment.

 

View detailed information about the Mental Health Act.

 

 

Adult Protection (Scotland) Act 2007

It isn’t always the case that adults are able to protect and care for themselves. Some adults are particularly vulnerable to harm. All citizens, organisations and agencies have a responsibility for adult protection.

 

The Adult Protection Act gives greater protection to adults at risk of harm or neglect.

 

More information about adult protection and support is on Aberdeenshire Council’s website.

 

 

Your right to access Independent Advocacy

Advocacy North East provides a free, confidential and independent advocacy and representation service for people living with dementia in Aberdeenshire. They can help you to get information, understand your rights, express your needs and make your own decisions about your health, care and treatment. The service is commissioned by Aberdeenshire Council.

 

More information about the advocacy service is available on Advocacy North East website or call 01467 651604.

 

 

Charter of Rights for people with dementia and their carers in Scotland

The Charter of Rights aims to make sure the rights of people living with dementia and their carers are recognised in all levels of government. It was developed by the cross party group on Alzheimers.

 

View the Charter of Rights (pdf)

 

 

Carers (Scotland) Act 2016 and Carers’ Charter

The Carers (Scotland) Act 2016 consolidates existing rights from other legislation, as well as protecting new rights for carers and young carers in law. This includes a Carers’ Charter, produced by the Scottish Government and adopted by Aberdeenshire Health and Social Care Partnership  (AHSCP) for Aberdeenshire carers.

 

 

Scam prevention

People living with dementia can be vulnerable to scams. Age Scotland have developed a leaflet on Scams and what to do if you think you have been targeted.

 

View the Scam prevention: a guide for someone living with dementia (pdf)

 


 

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