Mental Capacity A Guide to the New Law, 2nd edition

Author: Nicola Greaney; Fenella Morris; Beverly Taylor
Publisher: Law Society Publishing
ISBN: 9781853286797
Published In: September 2008
Format: Paperback , 536 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Since Royal Assent, the Mental Capacity Act 2005 has been supplemented by regulations, supported by a Code of Practice, and strengthened with the 'deprivation of liberty' safeguards. Since the first edition, substantial regulations have been made to bring the Act into force, including:

Lasting Powers of Attorney, Advance Decisions, and Deputies
the Office of the Public Guardian,
the Court of Protection, and
the Independent Mental Capacity Advocate service.

In addition to these regulations, the Mental Health Act 2007 inserts in the Act new provisions to close the 'Bournewood gap' following HL v. the United Kingdom.

The second edition of this popular guide to the law of mental capacity greatly expands the clear explanation and analysis by experienced practitioners to cover all the changes to statute, case law, and guidance since the Act gained Royal Assent.

All of the essential documents practitioners need to fulfil their role acting for clients, creating documents, and advising others of their rights, duties and obligations under the Act are reproduced in an invaluable appendix.

1. Introduction
2. The principles
3. Mental capacity and best interests
4. Lasting powers of attorney
5. Section 5 acts and limitations
6. Powers of the Court of Protection
7. Advance decisions to refuse treatment
8. Research
9. Independent Mental Capacity Advocate Service
10. Ill-treatment or neglect
11. The Court of Protection
12. The Public Guardian.
Appendix: A. Mental Capacity Act 2005 (as amended)
B. Commencement Order
C. LPA Regulations
D. Code of Practice
E. Law Society's Practice Note.

Nicola Greaney is a barrister at 39 Essex Street. She regularly acts for local authorities, individuals and the Official Solicitor in cases concerning the health, welfare and finances of incapable adults.

Fenella Morris is a barrister at 39 Essex Street. She is regularly instructed in cases concerning the health, welfare and finances of incapable adults and has appeared in a number of leading cases, including Pretty v. UK.

Beverley Taylor is a senior family and medical Lawyer at the Office of the Official Solicitor and Public Trustee. Beverley is a qualified barrister and solicitor and has taught family and medical law at Middlesex University.

"The style of the text is accessible and provides a good overview of the MCA 2005."