Respect for the elderly

  • Even sick, disabled, vulnerable, dependent, or insane, the person retains its rights and FDI guard duties to her.
  • The charter was created in 1987 and amended in 1996.
  • The elderly in hospital or institution is able to refer to know and claim their rights.

Contents of charter
1. Lifestyle Choices:
Anyone dependent care freedom to choose their lifestyle.
2. Home & Environment:
The place of living of the dependent elderly, home or personal property, must be chosen by it and adapted to their needs.
3. A social life despite disability:
Anyone dependent must retain the freedom to communicate, move and participate in the life of society.
4. Presence and role of family:
The maintenance of family relationships and friendship networks is essential for the frail elderly.
5. Wealth and income:
Anyone dependent must maintain control of his assets and income available.
6. Enrichment activity:
Anyone dependent should be encouraged to maintain operations.
7. Freedom of conscience and religious practice:
Anyone dependent must participate in religious or philosophical choice.


8. Maintaining independence and preventing:
The prevention of addiction is a necessity for the individual ages.
9. Right Care:
Anyone should be dependent, like any other access to care which would be useful.
10. Qualification of players:
The care required by a dependent elderly person must be provided by trained responders in sufficient numbers.
11. Respect for the end of life:
Care and support must be purchased at the senior end of life and family.
12. a priority and a duty:
The multidisciplinary research on aging and dependency is a priority.
13. Exercise of rights and legal protection of the person:
Any person in a position of dependency must see not only protect his property but also his person.
14. Information, best way to fight against exclusion:
The entire population must be informed of the difficulties experienced by the frail elderly.

Effect of Charter

The first article mentions the notion of risk.
This risk-taking is a sign of vibrant life.
Whose risk taking, and what risk is it?
One of the carer or the elderly?

Respect for Persons
The elderly are entitled to courteous and respectful in tone of voice, not childish, to be dressed with clothes all day, refusing a bath, stay in bed longer, take a nap, stay alone in her room if desired.

Refusal of care
This is sometimes a way of expressing a refusal to grow old, being in an institution or to accept dependency. The refusal is a power struggle between two individuals.

Manifestations of denial of care
Refusal to eat,
Refusal to take medication,
Refusal to wash,
Refusal to leave his room
Refusal to comply with the rules of institutional life and collerctives.

Identifications

  • The caregiver
  • The timing of care,
  • The presentation of carefully
  • The design of care
  • The process is repeated until the complete understanding of the message hidden behind the refusal.

Caregiver Reactions

  • Acceptance,
  • Submission
  • Refusal.

Attitudes of FDI

  • Gauntlet,
  • Withdrawal of the act in progress,
  • Undertake something else or do anything else

Legal protection
There are 3 types of protection:

  • safeguarding justice,
  • curatorships
  • guardianship.

The protective measures within the law of January 3, 1968 reforming the law of incapacitated adults.

Safeguarding Justice
This is immediate, there are few repercussions on the life of the person it protects the person alleging acts that could have signed and which might be unfavorable, can otnir their development or their cancellation.
It can be taken at the initiative of the physician, the guardianship judge. It may be extended upon application period of 6 months. It ends after a delay of 2 months for the initial declaration.

Curatorship
A person acting on his behalf but with the assistance of his guardian. It is a system board that is providing assistance to the protected person.
Placed under curatorships after an safeguard justice, immediately following a request from Judge guardianship interested by himself, his spouse, his descendants, his siblings, the family Remote, by friends, social workers, by the physician.

Guardianship

The major trust is treated as a minor. He is relieved of the management of its property, acts passed by an adult under guardianship are zero. He has no civil right.

The guardian may be:

  • a family member
  • advice of family of 4 to 6 members:
    • sets the conditions for maintenance of major protected
    • appoint a guardian and a guardian ad.
  • guardian outside (without family), appointed by the judge and chose from a list available from the Public Prosecutor,
  • State when the person agrees to be the guardian.

The burden of guardianship:

  • The tutor acts instead of major
  • The guardian is legally responsible for its management,
  • Any person with a mission guardian can request discharge before a period of 5 years.
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