Overview

This unique book by the British Medical Association and the Law Society provides doctors, lawyers, and other health and social care professionals with practical guidelines and clarification of the law relating to all areas where an assessment of mental capacity may be needed. Now completely revised to take account of the Mental Capacity Act 2005, the Deprivation of Liberty Safeguards, the Code of Practice, and recent decisions by the courts, this practical book: outlines the principles and concepts underpinning the Act; explains the statutory definition of mental capacity; examines the tests of capacity governed by the Act and outside the scope of the Act which apply to various decisions and activities; discusses how the courts have interpreted issues relating to capacity; reviews the available guidance for the health and legal professions; and aids communication and common understanding between professions. It will provide an indispensable tool for the health and legal professions and an essential source of guidelines and information, including extracts from the Act and the Code of Practice.

Full Product Details

Author:   British Medical Association ,  The Law Society
Publisher:   The Law Society
Imprint:   The Law Society
Edition:   3rd Revised edition
ISBN:  

9781853287787

ISBN 10:   1853287784
Pages:   288
Publication Date:   20 December 2009
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Part I - Introduction: 1. The law, practice, and this book; 2. Professional and ethical issues; Part II - Legal Principles: 3. The Mental Capacity Act 2005: capacity and best interests; 4. The legal principles: capacity and evidence; Part III - Legal Tests of Capacity: 5. Capacity to deal with financial affairs; 6. Capacity to make a will; 7. Capacity to make a gift; 8. Capacity to litigate; 9. Capacity to enter into a contract; 10. Capacity to vote; 11. Capacity and personal relationships; 12. Capacity to consent: the criminal law and sexual offences; 13. Capacity to consent to and refuse medical treatment and procedures; 14. Capacity to consent to research and innovative treatment; 15. Capacity and the deprivation of liberty; Part IV - Practical Aspects of the Assessment of Capacity: 16. Practical guidelines for doctors; 17. Practical guidelines for lawyers; Appendix.

Reviews

'Each section is practical and jargon-free, with illuminating caselaw wherever relevant - This book reads well and it is definitely fit for purpose.' British Journal of Hospital Medicine

Author Information

The British Medical Association is a membership organisation that looks after the professional and personal needs of doctors practising in all branches of medicine in the UK. The Law Society is a membership organisation that represents solicitors qualified in England and Wales practising both at home and internationally. Penny Letts is an independent policy consultant and trainer specialising in mental health, mental capacity and disability law.

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