A Clinician's Brief Guide to the Mental Capacity Act


Book Description

This easy-to-read book guides clinicians through the parts of the Mental Capacity Act 2005 that they need to understand and use in their daily practice. This act now gives clinicians the authority to provide medical care and treatment to people (over 16 years) who lack the capacity to consent for themselves.




The International Protection of Adults


Book Description

Provides the only comprehensive analysis of the key issues in relation to mental capacity in 52 jurisdictions, delivered by renowned experts in the field. Contains full details of the practical issues involved in advising in cases involving Convention XXXV.




Legal Aspects of Mental Capacity


Book Description

The Mental Capacity Act (2005) governs decision-making processes on behalf of adults who are unable to give informed consent, whether they lose mental capacity at some point in their lives due to illness or injury or where the incapacitating condition has been present since birth. Legal Aspects of Mental Capacity will assist practitioners in understanding the basic provisions of the Act and how it applies to their professional responsibilities. It is also intended to be of assistance to the many carers who find themselves in the position of needing to make decisions on behalf of mentally incapacitated relatives and friends. Each chapter sets out the basis provisions, followed by a series of scenarios dealing with practical concerns which are discussed in the light of the new legislation. • A practical guide to the provisions of the Mental Capacity Act 2005 • Easily accessible for those with no legal background • Includes scenarios illustrating different legal points • Explores the background to the legislation, including determination of capacity and the definition of best interests Legal Aspects of Mental Capacity is an essential resource for all healthcare and social services professionals, patient services managers and carers working with those who lack the capacity to make their own decisions.




Mental Capacity Act 2005


Book Description

This Act clarifies and reforms some legal uncertainties in law where decisions are made on behalf of others. Adults who lose their mental capacity, through dementia or brain injury, or are born with such a condition, will have new rules of protection for decisions made on their behalf. Part 1 sets out a definition of "persons who lack capacity", along with key principles and a checklist to ascertain what is in that person's best interest. A new statutory scheme for "lasting" powers of attorney will also be established, and provision made for courts to appoint substitute "decision-makers", as well as a system of independent advocates for vulnerable people. Part 2 establishes a new superior court of record called the Court of Protection in place of the office of the Supreme Court, which will have the capacity to deal with both welfare and financial matters. A new public official, the Public Guardian will be appointed, who will keep registers of lasting powers of attorney, and orders appointing deputies. Schedule 3 of this Act gives effect in England and Wales to the Convention on the International Protection of Adults, as signed at the Hague in January 2000.




Mental Capacity Act 2005


Book Description

These notes refer to the Mental Capacity Act 2005 (c. 9) (ISBN 0105409057) which received Royal Assent on 7 April 2005.




The UN Convention on the Rights of Persons with Disabilities


Book Description

This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each article based on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and other reports, the key literature on the article under review. The volume features commentary from a broad range of scholars across a variety of disciplines in order to provide a comprehensive study of the legal, psychological, education, sociological, and other aspects of the CPRD. This encyclopaedic commentary on the CRPD effectively covers all the issues arising from international disability law and practice, and will be an ideal resource for all working in the field.




The Mental Capacity Act 2005: A Guide for Practice


Book Description

In 2007 The Mental Capacity Act came into effect providing a new statutory framework for decision making. This book is a practical guide to working within the requirements of the Act, identifying situations where staff will need to be familiar with the Act and Code of Practice and providing checklists and exercises to help people to ensure compliance with the new requirements. This edition also includes the complete text of the Deprivation of Liberty Safeguards and will be of immense value to Best Interest Assessors.




Overcoming Challenges in the Mental Capacity Act 2005


Book Description

This book provides mental capacity practitioners with accessible ethical guidance and applicable tools for applying the Mental Capacity Act (MCA) 2005. It shows how clients' relationships can impact their capacity in positive and negative ways, and which communication skills practitioners can use to enable and empower those with impairment. It also covers how to engage in self-reflection and transparent debate about values to improve the quality of assessments. Helping practitioners interpret complex issues of mental capacity in the most beneficial way for clients, this book is essential reading for students and practitioners of law, medicine, mental health services and social care.




The Mental Capacity Act 2005


Book Description

The Mental Capacity Act 2005 and its accompanying Codes of Practice continue to have a huge impact on mental health professionals working with some of the most vulnerable people throughout England and Wales. Whether you are a Social Worker, Best Interest Assessor, Mental Health Nurse, Doctor, Psychiatrist or an Approved Mental Health Professional (AMHP), understanding the Mental Capacity Act and its implications for practice is essential and this indispensable guide will help you do just that. The Mental Capacity Act 2005 is designed to protect and empower individuals who may lack the mental capacity to make their own decisions about their care and treatment and this bestselling book will provide invaluable support to busy practitioners needing to draw on the Act in the following ways: - Sets out the full text of the main body of the Act for quick reference - Contains practical advice and checklists for working with the Act and the main principles and Codes of Practice - Shows how the Mental Health Act and Mental Capacity Act interact so that statutory requirements can be put into practice. Written in a style accessible to all professionals, this fully updated Third Edition has been revised and enlarged to incorporate revisions to the Mental Health Act Code of Practice 2015 and the crucial impact of the Supreme Court decisions in the Cheshire West cases.




Code of Practice


Book Description

This Code of Practice is a reference tool for those dealing with, and caring for people admitted to hospital and care homes with mental health problems. Authored by the Department of Health and produced following wide consultation with those who provide and receive services under the Mental Health Act, this publication will come into force on 3 November 2008. Through the Mental Health Act 2007, the Government has updated the 1983 Act to ensure it keeps pace with the changes in the way that mental health services are - and need to be - delivered. This publication provides guidance and advice to registered medical practitioners, approved clinicians, managers and staff of hospitals, and approved mental health professionals on how they should proceed when undertaking duties under the Act. It also gives guidance to doctors and other professionals about certain aspects of medical treatment for mental disorder more generally. The Mental Health Act Code of Practice is also aimed at all of those working in primary care, Mental Health Trusts, NHS Foundation Trusts as well as solicitors and attorneys who advise on mental health law. The Code should also be beneficial to the police and ambulance services and others in health and social services (including the independent and voluntary sectors) involved in providing services to people who are, or may become, subject to compulsory measures under the Act. It will also be a guide for those working with people with specific mental health needs such as those in nursing and care homes, and those in prison.