Contract Law Assignment Example | Topics and Well Written Essays - 3250 words

Contract Law - Assignment Example There parties entering the contract must mutually understand what the contract purports to cover. This phenomenon is called ‘meeting of the minds.’ There must be offer and acceptance in a legally binding contract. The contract constitutes an offer to one party and the consequent acceptance by the other party. The element of offer and acceptance thus involves the expression of willingness of both parties to complete the contract. The parties entering the contract must belong to the age of the majority. However, some contracts may involve the minors such as the contract of will. There must be a possibility of performance in a legally binding contract. The contract must be physically or legally performable. The contract must portray the intention to create legal relations. A general principle, the social promises are presumed not to be legally binding (Turner & Martin 2004). There must be legal consideration in a contract. The legal consideration constitutes the value of the exchange depending on the nature of the objects present in a contract. There must be a legal object in a contract. The contract should not, by nature violate the policy of the public. Otherwise, illegal contracts are enforceable. However, a contract that has all the essential elements is valid.... Adam does work, but Cynthia refuses to pay him. Issue Whether the contract is illegal or not Rule The damages arising from the material contributions of an individual to the performance of an illegal act, with the knowledge that the materials are intend to propagate the illegal activities are irrecoverable. The claim by the plaintiff is aims at settlement of the payments using the earnings from the illegal business. Analysis The case between Adam and Cynthia constitutes illegality by virtue of the element of prostitution. Prostitution at common law is always an act that promotes sexual immorality. All acts that promote sexual immorality are prohibited hence are unenforceable. The difference between an illegal act and an immoral act is so thin that the applied principles are similar in either case. The case of Pearce v Brooks (1866) Lr 1 Ex 213 Exch tries to explain the nature of this case. In the case, Pear the plaintiffs, Pearce coach builders allowed Brooks, the prostitute to hire their brougham. Brooks was going to use the brougham in her prostitution business of attracting her clients. At common law, contracts that promote sexual immorality are unenforceable due to their illegality. Pearce was aware of the business that that Brooks was going to transact, prostitution. Brooks refused to honor the obligations of the contract. Pearce claimed compensation for the damages but, the court refused. The court held that he had participated in an illegal contract with the knowledge of its illegality. The jury did find no evidence that the payments that Pearce was claiming from Brooks were to be derived from the illegal business. However, there were reasonable grounds to believe that Pearce while giving out the brougham for hire knew that

Industry Research Paper Example | Topics and Well Written Essays - 1000 words

Industry - Research Paper Example Cinnamon Melts 4. Brownie Melts Beverages: 1. Inca Kola 2. Irn-Bru 3. Sodas 4. Milkshakes Chicken, Fish and Pork : 1. McChicken 2. McNuggets 3. Fillet-O-Fish 4. McRib 5. McArabia Breakfast: Breakfast sandwiches are the primary McDonald's breakfast's offering. McDonald's provide two styles of breakfast burritos, McDonald's breakfast also includes potato rosti, British bacon and hotcakes. Other Products: McDonald's also provide a wide range of sandwiches, Rice in Asia because the demand of rice is higher and many other products including salads etc. Market structure of McDonald's: McDonald's can be described as a part of a market which has perfect competition, and the competitors are just as huge as the way McDonald's is. Its competitors include Burger King, KFC, Hardees, Subway, Starbucks and other fast food restaurants. Most of the time McDonald's have to compete against the local restaurants of the country in which their franchise is operating, for example in Pakistan, OPTP and othe r local food vendors. For any business to stay ahead, in the competitive environment that it is facing, is a huge task. McDonald's is performing this task quite efficiently, as they promote product adaptation and provide their products on a relatively lower price. Furthermore McDonald's also provides different varieties for different people, based on age groups, occupation, and the region. McDonald's has built its success under the phenomenon of providing a wide range of standardized and high quality products, quicker and cheaper. McDonald's originated from USA, but now it is functioning in more 114 countries with over 25,000 restaurants, having a wide share globally is one of the reasons for McDonald's' success in the competitive environment. Nowadays one of the most valuable resources is time, people would more likely pay a lot to save their time. McDonald's provides its food quicker compared to its competitors, saving people's time. Most of the people prefer McDonald's over its c ompetitors because of the fact that McDonald's saves their time. Product adaptation is one of the major attributes of McDonald's. When McDonald's started to serve in India (elaborated later), a lot of people started to raise their voice against McDonald's, as the products included beef which is un-ethical towards the people of India, what McDonald's did was they stopped making beef related products in India, and started making products including mutton and chicken, an example of that is Maharaja Mac. Also, in Asia since the demand for rice is higher McDonald's introduced McRice. Because McDonald's practices product adaptation so much, it is quite successful compared to its competitors. McDonald's has a strong global presence and is considered as a leader in the domestic as well as the international competition. Even though McDonald's is leading the domestic market, still there are threats by the local food vendors, as people prefer the local food. To tackle this, McDonald's is intro ducing specific products for different regions, which has a local effect in it ("How does McDonald's compete in a monopolistic competition?"). Regulations that McDonald's must follow: Since McDonald's has a lot of franchises in different countries, therefore it has to follow the rules and regulations of that region. Keeping in view the ethics of that region, McDonald's should provide its services accordingly. Taking India as an example, as mentioned before when McDonald's sta

How Higher Education is more than Academics- A Reflection on the Essay

How Higher Education is more than Academics- A Reflection on the Decision Making Process - Essay Example The objective of higher learning institution is to ensure that the learners get sufficient knowledge that will enable them to be important members of the society. This Calls for the cooperation of the students since they are the beneficiaries. The aim of this paper is to discuss the decision-making process of students in higher learning institutions; and why they should remain honest and not break the honor code. In every learning institution examinations are used to rate the academic qualifications of the students. The Quality Assurance Agency for Higher Education has offered a proper definition of academic standards as precise levels of academic achievement employed in the explanation and gauging of academic needs and accomplishments (Materu, 55). The University code requires students to embrace honesty in their tests and class assignments. In the academic life, students usually face the challenge in deciding on ethics and choice. When it comes to examinations and assignments, it is usually the decision of the student to behave ethically and embrace honesty in his or her work or to choose to take part in illegal group discussion or to copy the work from the internet. The decision a student makes pertaining the testing and assignments, will affect him positively or negatively. For instance if a student decides to cheat in an examination, it is a very risky decision because if he is caught, he is likely to be discontinued from the University if proved guilty (Forest & Kinser, 280). This will be a very big loss to the student and the society since the student will not attain his academic goal, thus hindering him from pursuing his or her career. It is important for the students to embrace honesty since dishonesty is destructive to the victims, parents, the instructors and the colleagues. Whenever the college education of a student is terminated, everyone feels the loss. The students should work hard by ensuring that

Quality Management In Health Care Research Paper

Quality Management In Health Care - Research Paper Example The growing predominance of chronic illness and the search for less costly delivery settings, post-acute and long-term mental and physical health care services are increasingly important. ( Huq & Martin, 2005) Expenditures for nursing homes and home health care have grown as a percentage of NHE from 8% or $48.9 billion in 1988, to 13.2% or $171.5 billion in 2000. Medication is one of the most important tools for the healthcare and psychological field in the United States used to help treat people with mental health problems and psychological abnormalities. (Carson, K. D., Carson, Roe, C. W., Birkenmeie & Phillips, J. C., 1999). During the past decade, mental health researchers and professionals have seen a rise in the number of prescriptions being given to mental health patients in the United States, especially to children. Keeping that in mind, it has been tried to find if overmedicate these mental health patients in the U.S? Nursing homes are the principal institutions for long-term care delivery to patients with mental health issues. In 2000, there were 17 thousand federally qualified nursing homes in the United States. Medicaid is the primary payer for nursing home services, accounting for 68% of nursing home patients in 1999. Medicare covers only a small percentage of nursing home services, accounting for 9% of patients in 1999. (Grol, R., 2001) In contrast to hospitals, two-thirds of all of the nursing homes are under private, for-profit ownership. Hospitals and inpatient care have long been a central feature of the U.S. health care services industry. (Huq, Z., & Martin, T., 2005) With the development of antibiotics and improved surgical techniques and anesthesia in the mid-20th century, the hospital became the hub for the practice of medicine, earning its designation as â€Å"the physician's workshop.†

Urinary Calculi Case Study Example | Topics and Well Written Essays - 250 words

Urinary Calculi - Case Study Example An imbalance in an individual’s metabolism is another causative factor of Urinary calculi. The imbalance leads to abnormally high levels of mineral salts agglomerating in the urine. Stones with uric acid composition occur in people having diseases such as gout, chronic dehydration and some cancers (Hesse, 2009). The third causative factor is hyperparathyroidism, a disorder affecting parathyroid glands making it overactive thus resulting to the production of excess parathyroid hormone. Other causative factors are type specific. Calcium stones result when there is too much calcium in the urine (Rao, Preminger & Kavanagh, 2009). Uric acid stones occur whenever there is a high amount of acid in the urine. Diet is also usable in analyzing the composition of a patient’s calculi. Patients taking little amount of water have a high tendency of experiencing dehydration. Dehydration is a causative factor leading urinary calculi. The state leads to dominance of the mineral salts resulting to the condition. An individual’s diet determines the contents of his or her calculi. An excess of calcium in the diet results in calcium

The Creolization of Old Calabar Essay Example for Free

The Creolization of Old Calabar Essay The business and social interactions of the African and English slave traders created a very different Old Calabar. As the slave trade grew the society quickly started to reflect not only the traditions and values of the Africans but of the English as well. Old Calabar became a New Creolized Calabar†. Was this the direct result of the slave trading? The evidence says yes? The creolization of the African Society of Calabar can clearly be associated with the slave trade by analyzing their language changes, life style changes and political changes as the slave trading became more competitive and economically beneficial. Creolization usually brings to mind the decedents in Louisiana born to the Spanish, French and Haitians before the Civil War. Randy Sparks introduces the idea of creolization as being a way to explain what happened in Old Calabar, but interestingly, he poses the thought that it had little to do with the origin or birth of those involved. Sparks instead introduces historian Ira Berlins idea of the Robin Johns being a kind of Atlantic Creole not because of blood lines but by experiences. Ira Berlins quote is as follows: Familiar with the commerce of the Atlantic, fluent in its new languages, and intimate with its trade and cultures, they were cosmopolitan in the fullest sense. (pg. 4) The Robin Johns were not only fluent in the English language but also in trade language alluded to by Ira Berlin. These various languages developed in areas from Gambia to Cameron and developed as a result of the constant exposure of slave traders to each others languages. The variations spread around the Atlantic Ocean to areas where slave trade was popular from Africa to the Americas to Europe. Sparks describes the languages as a combination of mostly English words having African Grammatical structures. The African leaders in Old Calabar were responsible for the cosmopolitan† like essence of the Robin Robins. The leaders knew that by being more European understanding the European customs and practicing the lifestyle. It gave them the competitive edge over the other African competitors who did not. Joining with the Europeans in the lucrative slave business was an economic gold mine. So, the smart African transformed himself into an image of what they believed made them more appealing to the Europeans. An example of this would be that they ordered and used extravagant products such as English razors, pewter piss pots and mirrors six feet tall. The degree of their creolization is very apparent on pages 11 and 12 of the first chapter. Sparks description of Grandy King George, who was originally known as Ephraim, is filled with the pageantry of both Royal English and African fused together. Sparks describes Grandy King George as he boards the Royal Canoe the day before The Massacre of 1767. Sparks indicates that Grandy King George wore a multicolored robe and red coat trimmed in gold lace, a silk sash thrown over his shoulders. He carried a gold skull headed cane in one hand and a fine ceremonial sword in the other. Under one arm he carried a gold trimmed cocked hat and the ensigns that, as Sparks describes them, blew in the wind, engraved with Grandy King Georges name written in English letters. The Kings name being written in English letters emphasizes the point that the African Slave traders not only spoke the English language, but also had the ability to read and write it. The unique combination of The Kings attire and accessories powerfully displayed his desire to indicate his appreciation for both cultures. The red coat trimmed in gold clearly reflected his admiration of the English Royals, while the skull headed cane, on the other hand, indicated his pride in his African heritage. Sparks seems to save his last description of the King and his surroundings that day as the most obvious fusion of the two cultures. He describes that behind the King, in the center of the canoe, there was a small house painted in bright colors, and on top of the house there were two men loudly playing the drums. There was a canon in the bow of the canoe, and in front of the canon was a man who shook a large bundle of reeds to symbolically ward off obstacles. Again, one could say that the mixing of cultures is self-evident. The canon would have been something purchased from the English, while the spirit man and the men beating the drums would have reflected his African faith. African Politics in the area of Efiks experienced significant change after the slave trade with the English escalated. The economy had been predominantly based on agricultural trade and there was no strong centralized government. Small groups of population approximately 1200 were divided up into Wards and Houses lead by town council Elders and House Elders. As the economy grew, the criteria for qualification as head of house changed from lineage to wealth. Houses became larger, Wards and Towns as well. A stronger governing system was created. The â€Å"Grand Council† was introduced to govern the â€Å"Council of Elders†. The â€Å"Ekpe Society† was created to set standards and create laws for the entire system. Entry into the system was open to all men even slaves as long as the entry fees were paid. The Society had many levels of membership determined by the wealth of the man. The Ekpe Society controlled all trading regulations both slave and agricultural. In addition they controlled the economy. They set prices for goods, enforced debt collection, payment submissions and kept track of inventory. The Ekpe Society even controlled who was responsible for sweeping the streets. The crealization is seen in the change of the African Society governing style from a lineage system to a system influenced more by wealth and requiring strong central government. In conclusion it is clear that the relationship with the English and the huge amounts of capital to be made created a creolized African Society. It changed how they thought about status. They wanted English clothes, razors, mirrors and pewter piss pots. The government became more about money than lineage and last but not least their language changed. An entire language was created around the slave trade.

The Mental Health Nurses Role Social Work Essay

The Mental Health Nurses Role Social Work Essay Care planning, provision and management are essential parts of the mental health nurses role. Ongoing interaction and assessment of clients needs creates a basis for providing and organising care that is inclusive, effective and adaptive through evaluation and review. The creation of a framework of care established on the premise of recovery, as it is viewed in mental health terms, can not only provide for a clients basic needs but can also allow them to continue to grow as an individual and lead a fulfilling life even in the presence of a mental health problem or illness (Hall, Wren Kirby, 2008). This case study will explain and discuss the nursing care of an individual that has a mental health problem. A plan of care will be outlined including the reasoning and evidence base that prompted such direction. Parahoo (2006) reminds us that all nursing practice should be based on sound principles and processes that stem from reliable sources. Firstly we will look at the specifics of the scenario and set up some working premises which will then allow us to further speculate on the development and implementation of a structured care plan. The case study is based around a 69 year old female named Simone. After recent lapses in memory, orientation and changes in mood were disclosed to her GP she was further assessed and consequently diagnosed with early onset dementia. Simone lives with her 40 year old daughter in a semi detached bungalow in a quiet suburban area. Simones daughter has paraplegia after an accident ten years ago. She is able to care for herself to a certain extent but does require occasional assistance from Simone. Simones daughter also recently experienced bouts of depression which lasted several months. Recently Simone had an incident when she became disorientated on a trip to the local shops and had to be escorted home by a neighbour. The role of the nurse in this case study is that of a community psychiatric nurse working with older adults. After meeting Simone and carrying out an initial assessment there are several pertinent pieces of information to continue with: Simone appears to be physically well and her home is clean and well equipped for both her and her daughter; She seems to understand where she is but at times can become flustered when unable to answer certain questions; Her daughter reports that, on a few recent occasions, Simone has burned food while cooking; She has no other family living locally and has lost touch with many of her friends since looking after her daughter; Simone states that she does not require any assistance at this time as she feels that she will be able to cope, however, she seems to be very anxious about her diagnosis and the consequences for her and her daughter and whether they will be able to continue managing to live at home. To be able to begin to make any kind of conjecture on what plans of care may be suitable for Simone we have to make several key assumptions about the skill of the nurse. For this we will use some of the attributes identified by Gerard Egan (2010) in his skilled helper model. Firstly we must assume that through accomplished communication skills and core empathic values a working therapeutic relationship is possible to establish. Also that the care plan proposals which are being put forward are ones that have been discussed and accepted by all involved parties as suitable to Simones preferences after reviewing alternatives. Finally, we must presume that through encouragement, motivation and reasoning, Simone will consent to nursing, psychiatric and other agency involvement. From the initial assessment it would seem that Simone has an apparent need for information pertaining to her condition as well as emotional support and counselling. She may require psychiatric input in terms of ongoing assessment, medication prescribing and monitoring. It also seems as though Simone may need some sort of support or assistance in certain daily activities, this could be direct support or the creation of systems and routines which enable her to perform tasks independently. A growing level of social isolation looks to be occurring and Simone may benefit by having assistance to address this. Simone may need access to support groups relating to her diagnosis of dementia, her role as a carer but also to her social and personal interest or activities. These could promote social inclusion as well as cognitive enhancement. Simone has also stated that she has concerns over the wellbeing of her daughter if she should be unable to perform the duties for her that she has up until this point. This may require a level of involvement within Simones care for her daughter, to learn about Simones condition and also to look at possible ways in which she can assist, perhaps by considering some form of support for herself or by means of being actively involved in the care plans. Therefore, with these needs in mind, we can begin to create an all encompassing, holistic care plan which is not purely based on the historical medical model that you are ill and we can cure you, or even the more modern social model that purports that you have needs and we can meet them but is instead more firmly based on the progressive view of recovery which states that you may have a problem but with help you can grow beyond it (Hall, Wren Kirby, 2008). This positivity in the face of such adversity may go against the grain of traditional treatment of dementia sufferers but the goal of restoring and maintaining mental health to its achievable optimum capacity, even when it may be in inexorable decline, should remain exactly the same as in all other areas of mental health treatment (Hughes, 2006). For care plans to be efficient they also have to be specific, measurable, achievable, realistic and timed (SMART), as this allows a flexibility to the planning process because effectivene ss can be evaluated and appropriate changes can be made as required (Brooker Waugh, 2007). So for this particular case study, the initial care plan would comprise of tasks for the nurse to complete, either as a direct care provider or as a care manager. These tasks would hopefully address the current needs of Simone over an interim period, whilst improving relations, knowledge, involvement and empowerment which could help to provide her with a greater amount of control over her current situation. The tasks will firstly be detailed in a basic format and then what each task entails will be comprehensively discussed thereafter. As care provider: Weekly home visits Liaise with psychiatrist, monthly psychiatric appointments Family work Risk assessment Creation of advanced statements As care manager: Link in with multidisciplinary team Signpost, assist to access support/interest groups Being able to have face to face communication with an individual on a regular basis is the cornerstone of effective nursing practice (Ewels Simnett, 2003). As Simone had stated that she did not feel that she required any external involvement at this time, even when we are working on the assumption that she will accept it, it would be important not to initially overwhelm her. She may be feeling very frightened and vulnerable. A study of older independent living people in 1998 identified dementia as a primary fear, rating higher than cancer (Mackinlay, 2006). General awareness of dementia issues is relatively low even though it is a common enough condition to affect more than 1 in 100 people aged over 65 (Alzheimers Scotland, 2010). A bombardment of too much input or information may cause her to be defensive and withdraw her engagement with CPN services. Starting off with a planned weekly visit of around one hour in length which follows up on the preliminary visit and assessment would perhaps not seem overly intrusive. During this time the nurse can provide much needed emotional support and counselling, building up a more robust working relationship. Information about Simones diagnosis, such as how her dementia developed to this point, how it may progress in the future, what to expect, how to prepare, what options are available and any other pertinent questions can be answered as and when Simone feels ready to discuss such things. Overtime Simone can start to identify weaknesses to focus on and strengths which can be utilised and begin to compile her own plans and goals which she can work on in a more independent fashion. These can be more specific goals such as taking up a new hobby or interest or could even be to plan how to visit the local shops and return home safely or cook a meal without the worry of burning it. These goals can then be broken down into achievable tasks for Simone which she can carry out with minimal support. Increased independence can ofte n involve an element of therapeutic risk and it is important not to confuse care with control (Watkins, 2009). Weekly visits give the opportunity to provide tangible support and to continually assess the progress of Simones dementia, mental health, general health, the continuing suitability and condition of her residence, activity levels, relationships and inclusiveness in the wider community. Informal and also formal rating scales, such as the MMSE (Mini Mental State Examination), MADRS (Montgomery Asberg Depression Rating Scale) as well as clinical observations can be regularly recorded to monitor any developments, patterns or trends. Frequent visits allow more effective methods of communication techniques to be developed which suit Simones personality and current capabilities. Care becomes not only person centred but also relationship centred and this bond can foster trust and relieve anxiety, stress and agitation (Innes, 2009) The community psychiatric nurse would work in tandem with a designated psychiatrist, reporting to them weekly. The psychiatrist that originally assessed Simone and made the diagnosis of dementia would be most preferable to aid continuity of care. For this commencement period of Simones involvement with psychiatric services to have a monthly appointment with a psychiatrist would be both realistic and achievable. This would be an opportunity to receive further support and review ongoing mental health and mental state assessments such as the MMSE or the more comprehensive ACE-R (Addenbrookes Cognitive Examination Revised). A psychiatrist would be able to provide any ongoing prescription support if required or provide access to relevant psychosocial therapies. The NICE-SCIE Guidelines for Dementia Care (2006) states that this would depend on the results of cognitive tests and perceived cognitive functioning. Using the MMSE as an example, it is recommended that only people with a score b etween 10-20, denoting moderate Alzheimers type dementia should begin courses of acetylcholinesterase inhibitors such as donepezil, galantamine and rivastigmine. The effectiveness of these drugs for individuals scoring lower than 10 points drops dramatically. For people with mild to moderate Alzheimers type dementia, scores over 20, should be given the opportunity to participate in structured group cognitive stimulation programmes and alternative therapies. In the journal article, Dementia: Symptoms, Diagnosis and Management, Salama (2008) recognises the effectiveness of these programmes and therapies for the management of cognitive symptoms such as agitation, anxiety, depression and aggression. It would seem from the needs outlined from the scenario this type of intervention would be beneficial to Simone. It is always important to remember that often people with dementia do not exist solely in isolation and inevitably family members and friends will become involved in their journey. Innes (2009) talks about the importance of a partnership between the nurse and individual diagnosed with dementia and states that these partnerships can extend to close family members or carers creating a triad of care. With Simones consent, sessions could include her daughter, helping to educate and inform her therefore better preparing her to cope with the possible demands of continued cohabitation with her mother. The NICE- SCIE Guidelines for Dementia Care (2006) state that people living in the community diagnosed with dementia should be supported to remain living in their own homes for as long as possible rather than being uprooted to an unfamiliar environment. Also if Simones dementia is seen to have a possible genetic link her daughter should be briefed on the risk of developing the condition hersel f. Simones daughter may be able to inform of ways in which she may be able to assist, however, the information provided in the case study suggests that due to Simones daughters disability her ability to support her mother in some aspects of care may be limited. Studies have consistently shown that stressors faced by family members of people with dementia are amongst the most difficult to cope with of all chronic illnesses and this can lead to an increased risk of depression, loneliness and self injury (Keady cited in Norman and Ryrie, 2009). As Simones daughter is already prone to depression a recommendation of how to assist her mother could be to receive more direct support herself subsequently alleviating some of the caring duties for Simone. The importance of relationships and friendships should not be underestimated. The emotional support from an extended social network can be invaluable and Simone should be encouraged to renew links with family and friends to strengthen existin g relations and reduce isolation. Leff and Warner (2006) identify social inclusion as one of the key factors to maximising mental health in dementia. One of the most important duties of the community mental health nurse is to ensure the health and wellbeing of the client, their family and wider community. In order to do this they have to assess the risks involved within the situation. For Simone, her recent dementia symptoms pose new risks, to herself and others, which consequently have to be identified and managed. The most appropriate way to assess risk is in conjunction with the individual you are working with, even though their view of the risks involved may vary from yours. This collaboration means that any decisions feel agreed rather than imposed and are therefore more likely to be conformed to whilst also enhancing the therapeutic relationship between the individual and nurse (Ramsay et al, 2001). From the case study we can see that there are possibilities for Simone to inadvertently bring harm to either herself, her daughter, her neighbours or even the wider community through a number of negative eventualities such as wan dering, causing fire hazards or lapses while driving if she does indeed drive. However, although assessing risk can highlight the dangers a situation or condition can cause it can also help to recognise positive skills and strengths which may be utilised. As part of a recovery focused care plan therapeutic risk must be considered and encouraged in order for Simone to maintain the sense that she is still author to her own story. Barker (2009) promotes the idea that personal growth and development through new or continued experiences does not stop with a diagnosis of mental illness or dementia but should be encouraged to continue unabated. Another consideration which could be brought to Simones attention is advanced statements. These are personal statements of preference in terms of the types of treatments a person with a mental illness may or may not wish to have in the future in the event of a decline in their mental health. These wishes and preference must then be upheld under Part 18 of the Mental Health (Care and Treatment) (Scotland) Act 2003. Simone may not feel ready to start compiling these statements straight away but if she is aware of them, over time, her preferences can be documented. Under Part 17 Chapter 2 of the same mental health act Simone also has the right to independent advocacy which she may wish to utilise to create any advance statements or to reinforce them if required. If Simones dementia does decline to the stage where she is no longer deemed to have adequate capacity for appropriate decision making she would come under the legal realm of the Adults with Incapacity (Scotland) Act 2000. In tim es of better mental health Simone may wish to select a named person to act on her behalf should this be required in the future. All decisions made on Simones behalf must be to her benefit and be the least restrictive option. With these factors in mind, part of the community psychiatric nurses role would be to promote the use of advance statements in order that Simone may continue to be cared for in a manner of her choosing, even after the possible loss of capacity, thus maintaining a sense of self and control over her own treatment. Both of these elements are identified by Pilgrim (2009) as being key points in aiding recovery in mental health treatment. Multidisciplinary team and multiagency working is an essential part of modern health care provision (Brooker and Waugh, 2007). Community nurses can appear to be working autonomously but are often supported by and linked in with a number of other health professionals and social care workers such as physiotherapists, dieticians, occupational therapists, social workers, general practitioners, psychiatrists and care assistants to name but a few. Norman and Ryrie (2009) claim that the effectiveness of this way of working lies in the diversity of skills and experience which is able to be drawn upon to facilitate more effective care for specialist needs or requirements. In the case of Simone any identified needs that would be unable to be met by the community nurse or that would be more effectively met by other workers could be referred on. In this way Simones care becomes collaborative, with her at the centre and people with the specific knowledge and skills being utilised around her. As well as engagement with health and social care professionals there are numerous charities, agencies, groups and organisations that offer external support. For Simone this could be in the form of local support groups for issues that affect her, such as dementia, stress or being a carer, or could perhaps be more focused on activities that suit her general interests. The community psychiatric nurse could possibly assist Simone to source, access or even in the short term, attend these kinds of pursuits. Interacting with others in groups or focusing on enjoyable tasks has the therapeutic benefit of enhancing both social and cognitive proficiency for a person diagnosed with dementia (Gilhooly et al 2003). Leff and Warner (2006) also stress the importance of social inclusion by naming it amongst their four key areas for improved quality of life alongside independence, health and choice. So in summary, we have outlined the case study scenario of Simone, identified her needs and created a plan that is intended to meet these needs. In addition to meeting the identified needs, a deeper analysis of the plan depicts how it will benefit Simone in a more holistic sense. By keeping the notion of recovery firmly in mind, the overall aim is to build up Simone, the person, as a whole and not purely to assist with the symptoms of dementia. For Simone to recover she must be supported to live a full life in the existence if her dementia, be able to remain independent for as long as possible, be included in the community, plan for the future and enjoy a quality of life that she finds gratifying. As this care plan created for Simone progresses, being updated and augmented as required, it should mean that her dementia should become to be viewed as illness which is being managed and not as a defining characteristic of her personality. Paraphrasing from a letter written to the notable neurologist Oliver Sacks: A person does not consist of memory alone. They have feeling, will, sensibilities and moral being, matters of which neurology cannot speak. It is here, beyond the realm of an impersonal psychology, that you may find ways to touch them, and to change them (Luria cited in Sacks 1985).