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Home > LAWYERS > Family and Health Law > Family Law > 26 Jun 2012
Mental Capacity Act Manual
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Mental Capacity Act Manual

by Richard Jones
Edition: 26 Jun 2012
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Product Details:

Pages: pages
Date Added: 0000-00-00
Search Category: Lawbooks
Jurisdiction: International

Overview:

The Mental Capacity Act 25 provides a statutory framework to empower and protect vulnerable people who are not able to make their own decisions. It makes it clear who can take decisions, in which situations, and how they should go about this. It enables people to plan ahead for a time when they may lose capacity. As a consequence of our aging population, the number of persons falling within this category is growing. The Mental Capacity Act Manual provides annotated legislation of the Act. New to the 5th edition:Consideration of the mental capacity required to consent to sexual relationsNew section on best interests and third party interests, for example needlestick accidentsGuidance from the Court of Protection on “Applications to the Court of Protection in relation to tenancy agreements” is reproduced Inclusion of many new cases including - Wychavon District Council v EM (HB) on the scope of s7 of the Act concerning payment necessary for goods and services, - Re M on patients in a minimally conscious state, - Re G (TJ) on assessing whether it was in P’s best interests to make a lifetime gift, - R v Hopkins on the standard of proof required if a prosecution is brought under s 44 (ill treatment or neglect), - K v LBX on whether Art 8 of the ECHR requires the court in determining issues under the Act to afford a priority to the placement of an incapacitated adult in their familySummaries of cases decided under the High Court’s inherent jurisdictionA significant number of cases on the deprivation of liberty safeguards including London Borough of Hillingdon v Neary, C v Blackburn and Darwen Borough Council, A County Council v MB, AB v LCC, DN v Northumberland Tyne and Wear NHS Foundation Trust, P (otherwise known as MIG) and Q (otherwise known as MEG) v Surrey County Council, and Cheshire West and Central v PSThe new fee structure introduced by the Public Guardian (Fees etc) (Amendment) Regulations 211A new Practice Direction on Deprivation of Liberty applicationsThe Mental Capacity Act Manual:Provides comprehensive annotations to the Mental Capacity Act 25Features section by section commentary on the Act, providing clear and accessible guidanceCovers the many regulations which have been issued under the ActCovers mental capacity in both clinical and care scenariosExplains the core concept of best interests’ of a person covered by the Act and goes through the procedure for establishing what it isSets out the obligations of carers under the Act, and in particular the obligation to assess capacityExplains the legal test that must be used to establish capacitySets out the powers under the Act of carers to restrain persons without capacityGoes through what defences may be available for breach of the ActExplains the responsibility of the Court of Protection, its Rules and its role in dealing with care and treatment disputesIncludes cases decided by the Court of ProtectionClarifies the powers of deputies appointed by the Court, and their role relating to the health and welfare of a person without capacityExplains the scope of the lasting power of attorney and how it extends enduring power of attorney to welfare and healthcare decisionsIncludes extensive quotations and references to the Code of PracticeReproduces and discusses the Important new Practice Direction on ‘Deprivation of Liberty’Shows how the Mental Health Act 27 affects the Mental Capacity Act, especially in relation to the Deprivation of Liberty safeguardsReflects how the Act has been amended by the Human Fertilisation and Embryology Act 28CONTENTSPreface PART 1Mental Capacity Act 25PART 2The Deprivation of Liberty SafeguardsPART 3Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 27Mental Capacity Act 25 (Transfer of Proceedings) Order 27Public Guardian (Fees, etc) Regulations 27Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) Regulations 28Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 28 PART 4Practice and ProcedureCourt of Protection Rules 27Court of Protection Fees Order 27PART 5Government GuidanceDeprivation of liberty safeguards: Code of Practice to supplement the main Mental Capacity Act 25 Code of Practice.AnnexesIndexFEATURES & BENEFITSSUBSCRIPTION INFORMATIONSAVE 1% ON THIS EDITION AND FUTURE EDITIONS OF THIS TITLE WHEN YOU REQUEST A STANDING ORDERRequesting a Standing Order for this edition means you will receive a 1% discount on your order. Plus, future editions will be sent to you automatically on publication, with the same 1% discount. The 3 Day Satisfaction Guarantee applies to all titles supplied on Standing Order. Standing Orders can be cancelled at any time.Set up your Standing Order today TRLUKI.CS@thomsonreuters.com

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