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Assessment of Mental Capacity: A Practical Guide for Doctors and Lawyers, 4th Edition

Assessment of Mental Capacity: A Practical Guide for Doctors and Lawyers, 4th Edition

  • 作者:
  • 出版商: Law Society Publishing
  • ISBN: 9781784460389
  • 出版时间 October 2015
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
最新版已經出版!
  • 描述 
  • 大纲 
  • 详细

    The implementation of the Mental Capacity Act 2005 has been found by a House of Lords Select Committee to suffer from a lack of awareness and understanding among professionals, and consequently from failure to follow the duties imposed on them by the Act. This book aims to support doctors and lawyers by giving them:-

    • a fuller understanding of the law in all situations where an assessment of capacity may be needed
    • clarification of the roles of both professions
    • an aid to communication both between them and with the person being assessed.

    Written by experts from a variety of disciplines, this book combines a precise statement of the law with a practical, jargon-free approach to provide guidelines on a range of issues, from capacity to form intimate personal relationships to capacity to consent to medical treatment. The fourth edition has been updated and expanded to take account of:

    • recent case law
    • revision of the Mental Health Act 1983: Code of Practice
    • the rising prominence of the United Nations Convention on the Rights of Persons with Disabilities
    • current good practice.

    It provides an essential source of guidelines and information, including extracts from the Act and the Code of Practice and is an indispensable tool for health and legal professionals.

  • Part I Introduction:
    1. The law, practice and this book
    2. Professional and ethical issues

    Part II Legalprinciples:
    3. The Mental Capacity Act 2005: capacity and best interests
    4. The legal principles: capacity andevidence
    Part III Legal tests of capacity: 5. Capacity to deal with financial affairs
    6. Capacity to make awill
    7. Capacity to make a gift
    8. Capacity to litigate
    9. Capacity to enter into a contract
    10. Capacity tovote
    11. Capacity and personal relationships
    12. Capacity to consent: the criminal law and sexual offences
    13. Capacity to consent to and refuse medical treatment and procedures
    14. Capacity to consent to researchand innovative treatment
    15. Capacity and the deprivation of liberty
    16. Capacity and the Mental HealthAct
    Part IV Practical aspects of the assessment of mental capacity: 17. Practical guidelines for doctors
    18. Practical guidelines for lawyers

    Appendix:
    A. Mental Capacity Act 2005, ss.1–6
    B. Mental Capacity Act2005: Code of Practice, Chapters 2–4
    C. Court of Protection
    D. Court of Protection Practice Direction 9E:Applications relating to serious medical treatment
    E. The Official Solicitor
    F. Certificate as to capacity toconduct proceedings (Official Solicitor)
    G. COP3 Assessment of Capacity and Guidance Notes
    H. Sampleletter to a GP requesting evidence of testamentary capacity
    I. Addresses
    J. Further reading.

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