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Assessment of Mental Capacity: Guidance for Doctors and Lawyers, 2nd Edition

Assessment of Mental Capacity: Guidance for Doctors and Lawyers, 2nd Edition

British Medical Association, The Law Society

ISBN: 978-0-470-75730-7

Apr 2008, BMJ Books

236 pages

Select type: E-Book



This guide on assessment of people with some sort of mental impairment is a broad ranging report produced jointly by the British Medical Association and the Law Society. It is an authoritative statement on an important area. Its wide ranging coverage makes it essential reading for these groups. The second edition has been revised throughout to bring it right up to date with present requirements.
Part I Introduction.

The law, practice and this book.

Professional and ethical issues.

Part II Legal principles.

Capacity to vote.

What are the legal principles?.

Part III Legal tests of capacity.

Capacity to deal with financial affairs.

Capacity to make a will.

Capacity to make a gift.

Capacity to litigate.

Capacity to enter into a contract.

Capacity and personal relationships.

Capacity to consent: the criminal law and sexual offences.

Capacity to consent to and refuse medical treatment.

Capacity to consent to research and innovative treatment.

Part IV Practical aspects of the assessment of capacity.

Practical guidelines for doctors.

Practical guidelines for lawyers.

Appendix A Case studies.

Appendix B The Official Solicitor.

Appendix C Practice Note (Official Solicitor: Declaratory Proceedings: Medical and Welfare . .).

Appendix D Practice Note (Official Solicitor: Appointment in Family Proceedings).

Appendix E Medical certificate for the Official Solicitor with Guidance Notes.

Appendix F Medical certificate for the Court of Protection with notes for guidance.

Appendix G Sample letter: Test of Capacity