Overview

Since Royal Assent, the Mental Capacity Act 2005 has been supplemented by regulations, supported by a Code of Practice, and strengthened with the 'deprivation of liberty' safeguards. To bring the Act fully into force on 1 October 2007 substantial regulations were required to facilitate: Lasting Powers of Attorney, Advance Decisions, and Deputies; the Office of the Public Guardian; the Court of Protection; and the Independent Mental Capacity Advocate service.In addition to these regulations, the Mental Health Act 2007 inserts in the Act new provisions to close the 'Bournewood gap' following HL v. the United Kingdom and necessitates an addendum to the Code of Practice. The second edition of this popular guide to the law of mental capacity greatly expands the clear explanation and analysis by experienced practitioners to cover all the changes to statute, case law, and guidance since the Act gained Royal Assent. The useful appendix includes the essential documents practitioners need to fulfil their role acting for clients, creating documents, and advising others of their rights, duties and obligations under the Act.

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9781853286797

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Reviews

'The style of the text is accessible and provides a good overview of the MCA 2005.' PS

Author Information

Nicola Greaney is a barrister at 39 Essex Street. She regularly acts for local authorities, individuals and the Official Solicitor in cases concerning the health, welfare and finances of incapable adults.Fenella Morris is a barrister at 39 Essex Street. She is regularly instructed in cases concerning the health, welfare and finances of incapable adults and has appeared in a number of leading cases, including Pretty v. UK.Beverley Taylor is a senior family and medical Lawyer at the Office of the Official Solicitor and Public Trustee. Beverley is a qualified barrister and solicitor and has taught family and medical law at Middlesex University.

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