Mental Capacity Act Manual

The Mental Capacity Act Manual is 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 25Contains the full text of the Act with section-by-section annotations explaining its meaning and implicationsExplains the impact of cases decided by the Court of ProtectionShows how each person involved in the care of the mentally incapacitated is affected by the ActAnalyses the implications of all Regulations issued under the ActOutlines the responsibilities of the Court of Protection, its Rules and its role in dealing with care and treatment disputesExplains the scope of lasting powers of attorney and advance decisionsExplains the core concept of ‘best interests’ of a person covered by the Act and how it should be establishedSets out the obligations of carers under the Act and in particular the obligation to assess capacityMakes clear how the Mental Health Act 27 interrelates with the Mental Capacity ActNEW IN THE 6TH EDITIONNotable cases covered include:P vCheshire West Council on how the Court should determine whether there is a deprivation of liberty for the purposes of the Mental Capacity Act 25Aintree 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 lifeIM 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 specificA Local Authority v AK which examined pre-Act authority when identifying the test for capacity to marryACCG 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 capacityA 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 libertyPC 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 ActA 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 ActAM 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 1983Re GM which provides guidance to donees of lasting powers of attorney and deputies on the making of giftsCONTENTSPart 1Mental Capacity Act 25Part 2The Deprivation of Liberty SafeguardsPart 3Lasting Powers of Attorney, EnduringPowers of Attorney and Public GuardianRegulations 27Mental Capacity Act 25 (Transfer ofProceedings) Order 27Public Guardian (Fees, etc) Regulations 27Mental Capacity (Deprivation of Liberty:Appointment of Relevant Person’sRepresentative) Regulations 28Mental Capacity (Deprivation of Liberty:Standard Authorisations, Assessments andOrdinary Residence) Regulations 28Part 4Practice and ProcedureCourt of Protection Rules 27Court of Protection Fees Order 27Part 5Government GuidanceDeprivation of liberty safeguards: Code ofPractice to supplement the main MentalCapacity Act 25 Code of Practice.