People with Disabilities Flashcards
What are the 3 key legislations for Persons with Disabilities?
- Mental Capacity Act (for persons with intellectual disabilities)
- UN Convention on the Rights of Persons with Disabilities (UNCRPD)
- Children and Young Persons Act (for Children Disability Homes)
Describe the 4 conditions that have to be present for a person to be deemed “unable to make decisions”
- Unable to understand the information relevant to the decision
- Unable to retain that information
- Unable to use or weigh that information as part of the process of making the decision
- Unable to communicate his decision (whether by talking, using sign language or any other means)
Explain how The Children and Young Persons’ Act for Children Disability Homes is used to ensure that disabled children are properly cared for.
The Children and Young Persons’ Act for Children Disability Homes ensured that homes to be licensed are inspected to ensure that they complied with the standards of care. This ensure that the safety and welfare of the residents are not compromised. If there are non-compliance with the Standards of Care, the Director of Social Welfare can issue directives, revoke or suspend the license.
What are the 2 contemporary issues relating to persons with disabilities?
- Need to ensure that they feel empowered and recognised, and giving them the full opportunity to become integral and contributing members of society
- Increasing need for continnum of care services, in view of increased lifespan among persons with disabilities due to medical advancements
Explain how UN Convention on the Rights of Persons with Disabilities (UNCRPD) can help to protect the rights of persons with disabilities.
UNCRPD promotes, protects and ensures the full and equal employment of all human rights by persons with disabilities. It marks a shift in thinking about disability from a social welfare concern, to a human rights issue which acknowledges that societal barriers and prejudices are disabling.
Describe the Letter of Power of Attorney
The LPA is a legal instrument which allows a person who is 21 years of age or older, to voluntarily appoint one or more persons, to act and make decisions on his behalf when he loses his mental capacity.
Identify the 3 individuals that can be certificate issuer for Letter of Power of Attorney
1, Registered medical practitioner accredited by the Public Guardian
- Registered psychiatrist
- Practising lawyer
What are the 4 types of disability?
- Physical
- Sensory
- Intellectual
- Developmental impairments
Describe the role of Deputy under Mental Capacity Act
A deputy is a person appointed by the Court, who is given the authority to make decisions on behalf of a person who lacks capacity in relation to his personal welfare and/or property and affairs.
What is the purpose of Mental Capacity Act?
The purpose of the act is to allow a person to appoint another person to look into his welfare and assets before he becomes incapacitated. Parents of children with intellectual disabilities can appoint themselves or other person as decision makers. MCA criminalizes ill-treatment and neglect of incapacitated persons. It enable decision making in the best interest of the person with loss of mental capacity.
What is the process which the Court will follow for filing of a Deputy?
The Court will require a copy of the Originating Summons, Supporting Affidavit and Doctor’s Affidavit or Medical Report.
In the Originating Summons, the sort of powers one is seeking must be stated. The Doctor’s Medical Report must be current and dated not more than 6 months before the date of the application to the Court.
What are the 4-step procedures for Application of Lasting Power of Attorney?
Step 1: Complete the Lasting Power of Attorney form
Step 2: See a lasting Power of Attorney certificate issuer
Step 3: Ensure that application form to register the Lasting Power of Attorney gets duly completed
Step 4: Submit the completed forma and supporting documents to the Office of the Public Guardian
What are the principles of UNCRPD?
UN Convention on the Rights of Persons with Disabilities (UNCRPD) promotes, protects, and ensures the full and equal employment of all human rights by persons with disabilities. It marks a shift in thinking about disability from a social welfare concern, to a human rights issue which acknowledges that societal barriers and prejudices are disabling.
