Mental Capacity Act Manual

6. Auflage 2014
ISBN: 978-0-414-03438-9
Verlag: Sweet & Maxwell

Buch, Englisch

The Mental Capacity Act Manual is a popular and well-established practitioner text on all aspects of the Mental Capacity Act 2005. The new 6th edition provides a detailed and practical commentary on the law relating to empowering and protecting mentally vulnerable people who are not able to make their own decisions. As a consequence of our aging population, the number of persons falling within this category is growing (it is estimated that the Act will be directly applicable to 2 million people), which is why this invaluable title can enable people to plan ahead for a time when they may lose capacity.

- Helps ensure best practice compliance with the Mental Capacity Act 2005
- Contains the full text of the Act with section-by-section annotations explaining its meaning and implications
- Explains the impact of cases decided by the Court of Protection
- Shows how each person involved in the care of the mentally incapacitated is affected by the Act
- Analyses the implications of all Regulations issued under the Act
- Outlines the responsibilities of the Court of Protection, its Rules and its role in dealing with care and treatment disputes
- Explains the scope of lasting powers of attorney and advance decisions
- Explains the core concept of ‘best interests’ of a person covered by the Act and how it should be established
- Sets out the obligations of carers under the Act and in particular the obligation to assess capacity
- Makes clear how the Mental Health Act 2007 interrelates with the Mental Capacity Act

NEW IN THE 6TH EDITION

Notable cases covered include:

- P v Cheshire West Council on how the Court should determine whether there is a deprivation of liberty for the purposes of the Mental Capacity Act 2005
- Aintree University Hospitals NHS Foundation Trust v James where Court addressed the question of how doctors and courts should decide when it is in the best interests of a mentally incapacitated person to be given, or not to be given, treatments necessary to sustain life
- IM v LM where the Court of Appeal confirmed that the test for capacity to consent to sexual relationships is general and issue specific, rather than person or event specific
- A Local Authority v AK which examined pre-Act authority when identifying the test for capacity to marry
- ACCG v ACC which confirmed that the Court of Protection may choose only between the available options in the same way as a person would if of full capacity
- A NHS Trust v Dr A where it was held that the High Court has the power under its inherent jurisdiction to make a declaration and order authorising the medical treatment of an incapacitated adult that includes the provision for the deprivation of his liberty
- PC v City of York Council where the Court of Appeal held that if the conclusion reached by the mental capacity assessor is that the person lacks the ability to make the decision, the assessor must then decide whether this is due to the fact that the person satisfies the “diagnostic test” set out in s.2 of the Act

A Local Authority v K where guidance was given on the practice and procedure that should be followed in cases involving non-therapeutic sterilisation:

R v Patel on the meaning of neglect in a prosecution brought under s.44 of the Act
AM v South London & Maudsley NHS Foundation Trust on when a deprivation of liberty authorisation can provide an alternative to detention under the Mental Health Act 1983

- Re GM which provides guidance to donees of lasting powers of attorney and deputies on the making of gifts

Autoren/Hrsg.

Jones, Richard

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

Part 1
Mental Capacity Act 2005

Part 2
The Deprivation of Liberty Safeguards

Part 3
Lasting Powers of Attorney, Enduring
Powers of Attorney and Public Guardian
Regulations 2007

Mental Capacity Act 2005 (Transfer of
Proceedings) Order 2007

Public Guardian (Fees, etc) Regulations 2007

Mental Capacity (Deprivation of Liberty:

Appointment of Relevant Person’s
Representative) Regulations 2008

Mental Capacity (Deprivation of Liberty:

Standard Authorisations, Assessments and
Ordinary Residence) Regulations 2008

Part 4
Practice and Procedure

Court of Protection Rules 2007
Court of Protection Fees Order 2007

Part 5
Government Guidance

Deprivation of liberty safeguards: Code of
Practice to supplement the main Mental
Capacity Act 2005 Code of Practice.