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Mental Capacity

Mental Capacity: The New Law

Mental Capacity The New Law

Author: Gordon Ashton; Penny Letts; Laurence Oates; Martin Terrell
Publisher: LexisNexis U.K.
ISBN: 9780853089766
Published In: March 2006
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

Provides authoritative commentary on both law and procedure, highlighting areas of potential difficulty and offering practical guidance on the challenges that the legislation poses.

The Mental Capacity Act 2005 constitutes one of the most important pieces of legislation for many years and introduces a major overhaul of the existing law in this area. Key provisions contained in the Act include:

The introduction of new principles governing the assessment of capacity
A best interests checklist for people acting on behalf of others
The creation of lasting powers of attorney
Court powers to appoint deputies to make decisions on behalf of persons lacking capacity
A statutory framework for making advance decisions to refuse medical treatment
New powers for the Court of Protection and the Public Guardian

Mental Capacity: The New Law provides an authoritative commentary on both law and procedure, highlighting areas of potential difficulty and offering practical guidance on the challenges that the legislation poses. This book is essential reading for all private client lawyers, chancery practitioners and non-contentious lawyers generally. It includes the text of the Mental Capacity Act 2005.

Background
The New Jurisdiction
Lasting powers of attorney
Powers of the Court
Healthcare, Advance Directives and Research
The Court of Protection
The Public Guardian and Supporting Services

Appendix

Mental Capacity Act 2005

General Editor

Gordon Ashton, Deputy Master of the Court of Protection

Contributors

Penny Letts, Policy Consultant on Mental Health and Capacity Issues
Laurence Oates, formerly The Official Solicitor
Martin Terrell, Partner, Rix & Kay Solicitors

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