MENTAL HEALTH
MENTAL CAPACITY ACT MANUAL
4TH EDITION
Richard Jones
The 4th edition of the Mental Capacity Act Manual explains the scope of the Mental Capacity Act 2005 and makes clear the interaction between the Act and the Mental Health Act 2007. This invaluable work reproduces the Act with section-by-section guidance, and includes all of the changes and developments that have occurred since the Act was passed.
- Provides comprehensive annotations to the Mental Capacity Act shortly after the full Act has come into force
- Gives a complete update on the 3rd edition: new cases, important new practice direction on ‘Deprivation on Liberty’ and an amendment to the Act by the Human Fertilisation and Embryology Act 2008
- Explains the certain duties that individuals have under the code and how they must comply with the rules
- Analyses the implications of the many Regulations which have been issued under the 2005 Act on those affected
- Extensive quotations and references to the Code of Practice are provided in the annotations
- Shows how the Mental Health Act 2007 affects the Mental Capacity Act and clarifies where each Act applies
- Explains the scope of the lasting power of attorney and how it extends enduring power of attorney to welfare and healthcare decisions
- Explains the responsibility of the Court of Protection, its Rules and how it differs from the existing Court, and its role in dealing with care and treatment disputes
- Deals with the existing common law principles relating to incapacity and shows how the Act builds on these
- Covers mental capacity in both clinical and care scenarios
- Sets out the obligations of carers under the Act and in particular the obligation to assess capacity
- Explains the legal test that must be used to establish capacity
- Sets out the powers under the Act of carers to restrain persons without capacity
- Explains the core concept of ‘best interests’ of a person covered by the Act and goes through the procedure for establishing what it is
- Goes through what defences may be available for breach of the Act
- Clarifies the powers of deputies appointed by the Court, and their expanded role relating to the financial affairs of a person without capacity
- Provides a companion to the Mental Health Act Manual, with commentary added immediately after the section of the Act to which it relates, written in the same clear and readable style that is accessible to non-legal professionals
