The Mental Capacity Act Manual provides annotated legislation of the 2005 Act, which established a statutory framework to empower and protect vulnerable people who are not able to make their own decisions. The Act makes it clear who can take decisions, in which situations, and how they should go about this. The Manual features section by section commentary on the Act, providing clear and accessible guidance and explains the core concept of 'best interests’. It sets out the obligations of carers under the Act, and in particular the obligation to assess capacity and the legal test of this. New to the 5th edition are: consideration of the mental capacity required to consent to sexual relations; 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; summaries of cases decided under the High Court’s inherent jurisdiction; a significant number of cases on the deprivation of liberty safeguards; the new fee structure introduced by the Public Guardian (Fees etc) (Amendment) Regulations 2011; and a new Practice Direction on Deprivation of Liberty applications.
The Mental Capacity Act Manual provides annotated legislation of the 2005 Act, which established a statutory framework to empower and protect vulnerable people who are not able to make their own decisions. The Act makes it clear who can take decisions, in which situations, and how they should go about this. The Manual features section by section commentary on the Act, providing clear and accessible guidance and explains the core concept of 'best interests’. It sets out the obligations of carers under the Act, and in particular the obligation to assess capacity and the legal test of this. New to the 5th edition are: consideration of the mental capacity required to consent to sexual relations; 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; summaries of cases decided under the High Court’s inherent jurisdiction; a significant number of cases on the deprivation of liberty safeguards; the new fee structure introduced by the Public Guardian (Fees etc) (Amendment) Regulations 2011; and a new Practice Direction on Deprivation of Liberty applications.
Subject terms:
housing, mental capacity, mental health law, sexual behaviour, safeguarding adults, advance decision, carers, compulsory treatment, Deprivation of Liberty Safeguards, Mental Capacity Act 2005;
The eleventh edition of this guidance focuses on how the Mental Health Act 1983 and the Mental Capacity Act 2005 have been modified by the Mental Health Act 2007. It provides information on new regulations and rules, their implementation and the context of mental health law in general. It includes sections on related and updated legislation and case law, new practices and procedures, the Code of Practice and government guidance. Among updates in this edition are the introduction of a simplified definition of mental disorder; supervised treatment in the community; and the requirement to observe the Code of Practice published under section 118 of the Act and its attendant statement of principles. This is an ideal resource for those seeking a comprehensive understanding of mental health legislation with some helpful explanation.
The eleventh edition of this guidance focuses on how the Mental Health Act 1983 and the Mental Capacity Act 2005 have been modified by the Mental Health Act 2007. It provides information on new regulations and rules, their implementation and the context of mental health law in general. It includes sections on related and updated legislation and case law, new practices and procedures, the Code of Practice and government guidance. Among updates in this edition are the introduction of a simplified definition of mental disorder; supervised treatment in the community; and the requirement to observe the Code of Practice published under section 118 of the Act and its attendant statement of principles. This is an ideal resource for those seeking a comprehensive understanding of mental health legislation with some helpful explanation.
Subject terms:
human rights, law, mental capacity, mental health law, mental health problems, physical restraint, safeguarding adults, compulsory detention, Mental Capacity Act 2005;