Mental Capacity: Law and Practice

This new edition builds on the success of Mental Capacity: The New Law which was published in response to the Mental Capacity Act 2005. The title has been extensively revised to provide coverage of all the latest developments in legislation, procedure and case law, including an examination of the deprivation of liberty safeguards and a new chapter dealing with the re-emergence of the inherent jurisdiction of the High Court and the cross-over with administrative law. Mental Capacity: Law and Practice provides an authoritative commentary, highlighting areas of potential difficulty and offering practical guidance on the challenges that the legislation poses. It includes the text of the Mental Capacity Act 2005 (as amended) and the supplementary Codes of Practice. This book is essential reading for all private client lawyers, chancery practitioners, non-contentious lawyers and healthcare professionals.

Chapters Background The Mental Capacity Jurisdiction Lasting Powers of Attorney Powers of the Court Welfare and Health Care, Advance Decisions and Research Deprivation of Liberty Safeguards Court Practice and Procedure The Public Guardian and Supporting Services Miscellaneous The Margins of the MCA: The Inherent Jurisdiction; The Overlap with Judicial Review; The Court of Protection and the ECHR Appendix Mental Capacity Act 2005 (as Amended) Mental Capacity Act 2005: Code of Practice Mental Capacity Act 2005: Deprivation of Liberty Safeguards Code of Practice Supplementing the main Mental Capacity Act 2005 Code of Practice Index