Mental Capacity Act Manual

The Mental Capacity Act Manualis a popular and well-established practitioner text on all aspects of the Mental Capacity Act 25. The new 6th edition provides a detailed and practical commentary on the law relating to empowering and protecting mentally vulnerable people who are not able to make their own decisions. As a consequence of our aging population, the number of persons falling within this category is growing (it is estimated that the Act will be directly applicable to 2 million people), which is why this invaluable title can enable people to plan ahead for a time when they may lose capacity.

Helps ensure best practice compliance with the Mental Capacity Act 25

Contains the full text of the Act with section-by-section annotations explaining its meaning and implications

Explains the impact of cases decided by the Court of Protection

Shows how each person involved in the care of the mentally incapacitated is affected by the Act

Analyses the implications of all Regulations issued under the Act

Outlines the responsibilities of the Court of Protection, its Rules and its role in dealing with care and treatment disputes

Explains the scope of lasting powers of attorney and advance decisions

Explains the core concept of ‘best interests’ of a person covered by the Act and how it should be established

Sets out the obligations of carers under the Act and in particular the obligation to assess capacity

Makes clear how the Mental Health Act 27 interrelates with the Mental Capacity Act

NEW IN THE 6TH EDITIONNotable cases covered include:

P v Cheshire West Council on how the Court should determine whether there is a deprivation of liberty for the purposes of the Mental Capacity Act 25

Aintree University Hospitals NHS Foundation Trust v James where Court addressed the question of how doctors and courts should decide when it is in the best interests of a mentally incapacitated person to be given, or not to be given, treatments necessary to sustain life

IM v LM where the Court of Appeal confirmed that the test for capacity to consent to sexual relationships is general and issue specific, rather than person or event specific

A Local Authority v AK which examined pre-Act authority when identifying the test for capacity to marry

ACCG v ACC which confirmed that the Court of Protection may choose only between the available options in the same way as a person would if of full capacity

A NHS Trust v Dr A where it was held that the High Court has the power under its inherent jurisdiction to make a declaration and order authorising the medical treatment of an incapacitated adult that includes the provision for the deprivation of his liberty

PC v City of York Council where the Court of Appeal held that if the conclusion reached by the mental capacity assessor is that the person lacks the ability to make the decision, the assessor must then decide whether this is due to the fact that the person satisfies the “diagnostic test” set out in s.2 of the Act

A Local Authority v K where guidance was given on the practice and procedure that should be followed in cases involving non-therapeutic sterilisation

R v Patel on the meaning of neglect in a prosecution brought under s.44 of the Act

AM v South London & Maudsley NHS Foundation Trust on when a deprivation of liberty authorisation can provide an alternative to detention under the Mental Health Act 1983

Re GM which provides guidance to donees of lasting powers of attorney and deputies on the making of gifts

Transform the way you work, with eBooks on ProView™

Thomson Reuters ProView™ is the cross-platform app custom built for legal professionals, students and researchers.

Using ProView means you can connect to and interact with the content you rely on in new ways, wherever and whenever you like.

Search the entire text by keyword

Jump to related content via hyperlinks

Add your own notes, bookmark key pages and highlight important passages

Email, print and share the text

You dont need to be online to access your eBooks

Your entire library and personalised features are backed up

Learn more about Thomson Reuters ProView View titles available on Thomson Reuters ProView

You may only order one eBook per title online; to order multiples of eBooks, contact our customer services team or your Sweet & Maxwell Account Manager.