Overview

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. They offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. The guides provide a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Mental Capacity Act 2005 came into force in stages from April 2007 and will be implemented in full on 1 October 2007. The Act impacts on approximately 2 million people. It introduced new decision-making mechanisms which allow financial, welfare and healthcare decisions to be taken on behalf of persons lacking the mental capacity to make such decisions such as the making of advance refusals of treatment (a form of living will); and the creation of lasting powers of attorney, so allowing the appointee to make decisions on finance, health and welfare after the donor has become incompetent to make the decisions themselves. The new edition of this popular Guide, has been thoroughly updated to take account of the impact of the Mental Health Act 2007, new Codes of Practice to the MCA 2005, and new Court of Protection Rules. It has expanded analysis of the issues which arose in the Bournewood decision. It provides a clear and comprehensive guide to the scope and implications of Mental Capacity legislation and advice on how to ensure best practice.This portable guide contains a copy of the Act, the Code of Practice, Regulations regarding Lasting Powers of Attorney and the Court Rules for the Court of Protection. This is an invaluable resource for all lawyers and professionals working in this complex area.

Full Product Details

Author:   Peter Bartlett (Nottingham Healthcare NHS Trust Professor of Mental Health Law, University of Nottingham)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Edition:   2nd Revised edition
Dimensions:   Width: 15.50cm , Height: 3.10cm , Length: 23.50cm
Weight:   0.889kg
ISBN:  

9780199239047

ISBN 10:   0199239045
Pages:   588
Publication Date:   21 February 2008
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

1: The Mental Capacity Act 2005: The Basic Structure Introducing the Mental Capacity Act 2005 Making Decisions on Behalf of People who Lack Capacity Planning for Incapacity The Building Blocks: the Act, the Code of Practice, Rules, and Guidance The Way Ahead 2: The Legislative History and the Role of the Common Law The Demise of Parens Patriae and the Legal Lacuna The Development of the Common Law The Law Commission Proposals and the Road to Legislative Reform 3: An Overview of the Statute The Legislative Structure and the Code of Practice The Overall Picture The Principles The Meaning of Incapacity Best Interests A General Defence in Civil and Criminal Law, and Contracts for Necessary Goods and Services Lasting Powers of Attorney (LPAs) The Powers of the Court and Appointment of Deputies Advance Decisions to Refuse Treatment Research Relating to People Lacking Capacity Ill-Treatment or Neglect of Persons Lacking Capacity 4: Deprivation of Liberty of People Lacking Capacity: The 2007 Amendments Introduction Overview of the 2007 Amendments Deprivation of Liberty Qualifying Requirements Safeguards 5: Rough Edges? Enforcement Minors End of Life Decisions The Human Rights Act Interface with the Mental Health Act Continuation of the Common Law? Appendices Appendix 1: Mental Capacity Act 2005 Appendix 2: Mental Capacity Act 2005 Code of Practice Appendix 3: The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 Appendix 4: Court of Protection Rules 2007

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Author Information

Peter Bartlett is Nottinghamshire Healthcare NHS Trust Professor of Mental Health Law at the University of Nottingham. He has written and contributed to a wide array of publications in the field including Mental Health Law: Policy and Practice 3/e (co-authored with Ralph Sandland, forthcoming from OUP); Mental Disability and the European Convention on Human Rights (co-authored with O. Lewis and O. Thorold, Martinus Nijhoff Publishers 2006) and Mental Health Law: The Advocates' Manual 2/e (Toronto, Community Legal Education, 1988);

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