- Provides a clear overview of the Mental Capacity Act 2005, as well as helpful narrative on the new substantive and procedural details contained in the Code of Practice and related documents
- Takes full account of the MHA 2007, providing a clear framework for those potentially involved in using or implementing its provisions
- Clear discussion of Human Rights Act considerations, and the implications of the Bournewood decision
- Includes the complete text of the MCA 2005 as amended by the MHA 2007, as well as the new Codes of Guidance
- Accessible and clear layout makes this an ideal quick reference
New to this edition
- Includes the complete text of the MCA 2005 as amended by the MHA 2007, as well as the new Codes of Guidance, the Code of Practice, regulations regarding Lasting Powers of Attorney and the Court Rules for the Court of Protection
- Covers the substantive and procedural detail which is contained in the new codes, regulations and rules which have been promulgated since Royal Assent
- Brings the text up to date with the amendments brought about by the Mental Health Act 2007
- Discusses the European Court of Human Rights judgment in HL v. UK and its subsequent impact on this area of the law
The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. They offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. The guides provide a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.
The Mental Capacity Act 2005 came into force in stages from April 2007 and will be implemented in full on 1 October 2007. The Act impacts on approximately 2 million people. It introduced new decision-making mechanisms which allow financial, welfare and healthcare decisions to be taken on behalf of persons lacking the mental capacity to make such decisions such as the making of advance refusals of treatment (a form of living will); and the creation of lasting powers of attorney, so allowing the appointee to make decisions on finance, health and welfare after the donor has become incompetent to make the decisions themselves.
The new edition of this popular Guide, has been thoroughly updated to take account of the impact of the Mental Health Act 2007, new Codes of Practice to the MCA 2005, and new Court of Protection Rules. It has expanded analysis of the issues which arose in the Bournewood decision. It provides a clear and comprehensive guide to the scope and implications of Mental Capacity legislation and advice on how to ensure best practice.
This portable guide contains a copy of the Act, the Code of Practice, Regulations regarding Lasting Powers of Attorney and the Court Rules for the Court of Protection. This is an invaluable resource for all lawyers and professionals working in this complex area.
Readership: Primary market: solicitors and barristers working in Community Care and Mental Health Law both in private practice and at in-house hospital trusts and local authorities. Also wills and probate lawyers and those practising in the Court of Protection. Secondary market: advisory services; libraries; CAB and other voluntary organisations; charities such as Age Concern and Mind; NHS Trusts; Social Services Institutions involved in Healthcare Training.
