Mental Capacity Legislation. Principles and Practice

1. Introduction Rebecca Jacob and Anthony Holland
2. The assessment of mental capacity Benjamin Spencer and Matthew Hotopf
3. Best interests Charlotte Emmett and Julian C. Hughes
4. Deprivation of liberty – past, present and future Susan F. Welsh
5a. Mental Capacity Act application: hospital settings Elizabeth Fistein
5b. Mental Capacity Act application: social care settings Michael Dunn and Anthony Holland
6. Mental capacity and end of life decision making Annabel Price and Caroline Barry
7. Clinical ambiguities in the assessment of capacity Elizabeth Fistein and Rebecca Jacob.

Crucial to health and social care practice, the Mental Capacity Act (MCA) 2005 safeguards decision-making within a legal framework. This book provides theoretical, practical and up-to-date guidance on mental capacity legislation. It focuses on the theory underpinning the principles of the MCA 2005, including historical background, and the practical challenges in applying legal statute in varied clinical settings, from hospitals to social care in community settings. Recent case law is detailed and examples of ethical dilemmas and medico-legal challenges feature, along with guidance to navigate these in clinical practice. Applying mental capacity principles in end-of-life decision-making is an area of discussion, as well as the future of legislative changes in the field. To be read alongside the MCA 2005 Code of Practice, this guide will support mental health and social care professionals in clinical settings.

• Provides key updates on case law to ensure clinicians are informed about recent rulings pertaining to the Mental Capacity Act (MCA) 2005
• Details the historical background to the MCA 2005 to further understanding of the need for such legislation, and discusses key areas such as end-of-life planning
• Describes ethical dilemmas and medico-legal challenges within clinical practice, as well as practical guidance on navigating these dilemmas

Rebecca Jacob, University of Cambridge
Rebecca Jacob is Consultant Liaison Psychiatrist in the Department of Liaison Psychiatry, Addenbrooke's Hospital and Peterborough NHS Foundation Trust, and Associate Lecturer in the Department of Psychiatry, University of Cambridge.

Michael Gunn, Staffordshire University
Michael Gunn, Emeritus Professor, retired as Vice Chancellor and Chief Executive of Staffordshire University in 2016. Previously, he was an academic lawyer, specialising in law and learning disability and the law of decision-making.

Anthony Holland, University of Cambridge
Anthony Holland is Emeritus Professor in the Department of Psychiatry and the Health Foundation, Chair in Learning Disabilities, University of Cambridge. He is President of the International Prader-Willi Syndrome Association.