The Mental Capacity Act (2005) regulates decision making processes on behalf of adults who are unable to give informed consent, due to a loss in mental capacity (be that from birth, or due to an illness or injury at some point in their lives). Since the Act s original conception the new Court of Protection is now firmly established, and there have been significant Supreme Court cases, as well as further guidance on the 2005 Act and major developments in the use and assessment for Deprivation of Liberty Safeguards.
Thoroughly updated to take account of the many updates, developments and changes in legislation and guidance, the new edition of Dimond s authoritative guide will be warmly welcome by practitioners and students who need to understand and work within the Mental Capacity Act, and how it applies to their professional responsibilities.
- A highly practical guide to the Mental Capacity Act and its provisions since its conception in 2005
- Relevant for a wide range of practitioners and students within health and social care
- Highly readable and easily accessible, even for those with no legal background
- Includes a range of learning features, including scenarios, questions and answers, key summary points, and applications for practice.
Legal Aspects of Mental Capacity is an essential resource for all healthcare and social services professionals, students patient services managers and carers working with those who lack the capacity to make their own decisions.
Table of cases viii
Table of statutes xiv
List of abbreviations xxii
1 Introduction: Anatomy of the Mental Capacity Act and its terms 1
2 Background to the legal system and the Mental Capacity Act 8
3 Human rights and statutory principles for governing decision making 19
4 Definition of mental capacity 31
5 Making decisions in the best interests of others 49
6 Lasting powers of attorney 77
7 Court of Protection, court-appointed deputies, the Office of the Public Guardian, and visitors 105
8 Independent mental capacity advocates 135
9 Advance decisions 163
10 Research 182
11 Protection of vulnerable adults and accountability 199
12 Children and young persons 229
13 Mental capacity and mental disorder 239
14 Deprivation of liberty safeguards 253
15 Organ and tissue removal, storage, and use 279
16 The informal carer 289
17 Implementation, resources, and Code of Practice 305
18 Wales, Scotland, and Northern Ireland 318
19 The future 330
Answers to quick fire quizzes 335
Recommended further reading 344