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Legal Aspects of Mental Capacity: A Practical Guide for Health and Social Care Professionals, 2nd Edition



Legal Aspects of Mental Capacity: A Practical Guide for Health and Social Care Professionals, 2nd Edition

Bridgit C. Dimond

ISBN: 978-1-119-04536-6 February 2016 Wiley-Blackwell 376 Pages


Highly Commended in Health and social care in the 2017 BMA Medical Book Awards

The Mental Capacity Act (2005) regulates decision making processes on behalf of adults who are unable to give informed consent, due to a loss in mental capacity (be that from birth, or due to an illness or injury at some point in their lives).  Since the Act’s original conception the new Court of Protection is now firmly established, and there have been significant Supreme Court cases, as well as further guidance on the 2005 Act and major developments in the use and assessment for Deprivation of Liberty Safeguards.

Thoroughly updated to take account of the many updates, developments and changes in legislation and guidance, the new edition of Dimond’s authoritative guide will be warmly welcome by practitioners and students who need to understand and work within the Mental Capacity Act, and how it applies to their professional responsibilities.

  • A highly practical guide to the Mental Capacity Act and its provisions since its conception in 2005
  • Relevant for a wide range of practitioners and students within health and social care
  • Highly readable and easily accessible, even for those with no legal background
  • Includes a range of learning features, including scenarios, questions and answers, key summary points, and applications for practice.

Legal Aspects of Mental Capacity is an essential resource for all healthcare and social services professionals, students patient services managers and carers working with those who lack the capacity to make their own decisions.

Preface vi

Acknowledgements vii

Table of cases viii

Table of statutes xiv

Glossary xvii

List of abbreviations xxii

1 Introduction: Anatomy of the Mental Capacity Act and its terms 1

2 Background to the legal system and the Mental Capacity Act 8

3 Human rights and statutory principles for governing decision making 19

4 Definition of mental capacity 31

5 Making decisions in the best interests of others 49

6 Lasting powers of attorney 77

7 Court of Protection, court-appointed deputies, the Office of the Public Guardian, and visitors 105

8 Independent mental capacity advocates 135

9 Advance decisions 163

10 Research 182

11 Protection of vulnerable adults and accountability 199

12 Children and young persons 229

13 Mental capacity and mental disorder 239

14 Deprivation of liberty safeguards 253

15 Organ and tissue removal, storage, and use 279

16 The informal carer 289

17 Implementation, resources, and Code of Practice 305

18 Wales, Scotland, and Northern Ireland 318

19 The future 330

Websites 332

Answers to quick fire quizzes 335

Recommended further reading 344

Index 346