The Mental Capacity Act 2005: A Guide for Practice

The Mental Capacity Act 2005: A Guide for Practice

Publisher  Learning Matters Ltd
Edition  2nd Edition
Published  2009
ISBN  9781844452941

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Background to the Mental Capacity Act 2005
The key features of the Mental Capacity Act 2005
The Code of Practice (sections 42 - 43)
Principles (section 1)
What is lack of capacity? (sections 2 - 3)
Best interests (section 4)
Protection for those making decisions (sections 5 - 8)
Lasting Powers of Attorney (sections 9 - 14 and 22 - 23)
Deputies and declarations (sections 15 - 21)
10  Advance decisions to refuse treatment (sections 24 - 26)
11  Independent Mental Capacity Advocates (IMCAs) (sections 35 - 41)
12  The Court of Protection and the Public Guardian (sections 45 - 61)
13  Other issues
14  Research
15  Links with other areas of law
16  Deprivation of liberty safeguards
17  The interface between the Mental Capacity Act and the Mental Health Act
18  The distinction between restriction of movement and deprivation of liberty


In 2007 The Mental Capacity Act came into effect providing a new statutory framework for decision making. This book provides a practical guide to working within the requirements of the Act, identifying situations where staff will need to be familiar with the Act and Code of Practice and providing checklists and exercises to help people to ensure compliance with the new requirements. The new edition also includes the complete text of the Deprivation of Liberty Safeguards and will be of immense value to Best Interest Assessors.

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