A Practical Guide to Assessing Mental Capacity

Author: Holly Chantler
Publisher: Law Brief Publishing
ISBN: 9781913715755
Published In: July 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

AU$167.97

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Description
Contents

Details

This book is aimed for the benefit of legal practitioners who are inexperienced in dealing with mental capacity issues and providing a refresher for those with more experience. The first part of the book deals with legal theory, the second part offers practical guidance in assessing capacity and the appendices provide further resources and precedents.

Legal practitioners must be satisfied that their client has the requisite mental capacity to provide instructions and as such, it is an area of law that all practitioners must have some awareness of. For those who do not regularly deal with clients where capacity may be an issue, it can be a daunting prospect to know what steps to take. This book will hopefully provide practical solutions and confidence to practitioners in those situations.

Part One: Legal Theory
Chapter One – What Is Mental Capacity?
Chapter Two – Professional Obligations of Legal Practitioners
Chapter Three – Who Should Assess Capacity?
Chapter Four – When a Capacity Assessment May Be Required
Chapter Five – Mental Capacity Act 2005: The Principles
Chapter Six – Supported Decision Making
Chapter Seven – Mental Capacity Act 2005: Test of Capacity
Chapter Eight – Specific Tests of Capacity
Chapter Nine – Assessment of Capacity
Chapter Ten – Retrospective Assessments
Chapter Eleven – Challenging Capacity Assessments
Chapter Twelve – Vulnerability Factors
Chapter Thirteen – Case Studies
Part Two: Practical Guidance
Chapter Fourteen – Lack of Capacity
Chapter Fifteen – Who Is the Client?
Chapter Sixteen – Lack of Capacity – Next Steps
Chapter Seventeen – Costs and Fees in the Court of Protection
Appendices
Appendix 1: Resources
Appendix 2: Precedent Attendance Note (Assessment of Capacity Element Only)
Appendix 3: Letter of Instruction to an Independent Assessor
Appendix 4: Court of Protection Application Flowchart
Appendix 5: Deed of Appointment of New Trustee Pursuant to Section 36(1) Trustee Act 1925
Appendix 6: Precedent Section 54 Trustee Act 1925 Order
Appendix 7: Precedent Section 36(9) Trustee Act 1925 Order
Appendix 8: Precedent Deputyship Order
Appendix 9: Orders You Are Seeking (Box 4.1 COP1)