Mental Capacity Act Manual, 5th Edition

The Mental Capacity Act 2005 provides a statutory framework to empower and protect vulnerable people who are not able to make their own decisions. It makes it clear who can take decisions, in which situations, and how they should go about this. It enables people to plan ahead for a time when they may lose capacity. As a consequence of our aging population, the number of persons falling within this category is growing. The Mental Capacity Act Manual provides annotated legislation of the Act.

New to the 5th edition:

• Consideration of the mental capacity required to consent to sexual relations
• New section on best interests and third party interests, for example needlestick accidents
• Guidance from the Court of Protection  on “Applications to the Court of Protection in relation to tenancy agreements” is reproduced 
  Inclusion of many new cases including 
   - Wychavon District Council v EM (HB) on the scope of s7 of the Act concerning payment necessary for goods and services, 
   - Re M on patients in a minimally conscious state, 
   - Re G (TJ) on assessing whether it was in P’s best interests to make a lifetime gift, 
   - R v Hopkins on the standard of proof required if a prosecution is brought under s 44 (ill treatment or neglect), 
   - K v LBX on whether Art 8 of the ECHR requires the court in determining issues under the Act to afford a priority to the placement of an incapacitated adult in their family
• Summaries of cases decided under the High Court’s inherent jurisdiction
• A significant number of cases on the deprivation of liberty safeguards including London Borough of Hillingdon v Neary, C v Blackburn and Darwen Borough Council, A County Council v MB, AB v LCC, DN v Northumberland Tyne and Wear NHS Foundation Trust, P (otherwise known as MIG) and Q (otherwise known as MEG) v Surrey County Council, and Cheshire West and Central v PS
• The new fee structure introduced by the Public Guardian (Fees etc) (Amendment) Regulations 2011
• A new Practice Direction on Deprivation of Liberty applications

The Mental Capacity Act Manual:

• Provides comprehensive annotations to the Mental Capacity Act 2005
• Features section by section commentary on the Act, providing clear and accessible guidance
• Covers the many regulations which have been issued under the Act
• Covers mental capacity in both clinical and care scenarios
• Explains the core concept of 'best interests’ of a person covered by the Act and goes through the procedure for establishing what it is
• 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
• Goes through what defences may be available for breach of the Act
• Explains the responsibility of the Court of Protection, its Rules and its role in dealing with care and treatment disputes
• Includes cases decided by the Court of Protection
• Clarifies the powers of deputies appointed by the Court, and their role relating to the health and welfare of a person without capacity
• Explains the scope of the lasting power of attorney and how it extends enduring power of attorney to welfare and healthcare decisions
• Includes extensive quotations and references to the Code of Practice
• Reproduces and discusses the Important new Practice Direction on ‘Deprivation of Liberty’
• Shows how the Mental Health Act 2007 affects the Mental Capacity Act, especially in relation to the Deprivation of Liberty safeguards
• Reflects how the Act has been amended by the Human Fertilisation and Embryology Act 2008