Assessment of Mental Capacity

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• Publisher: Law Society
• Year: 2022
• eBook ISBN: 9781784462215
• Edition: 0
• Topic: Law
• Index: Law

Doctors, lawyers and other professionals often need to make an assessment of a person's mental capacity. This book helps to support these professionals by giving them a fuller understanding of the law in all situations where an assessment of capacity may be needed, clarifying the roles of professionals and providing an aid to communication both between them and with the person being assessed. Some of those situations are covered by the Mental Capacity Act 2005, but some are covered by other tests set down by the law. Written by experts from a variety of disciplines, Assessment of Mental Capacity combines clarity as to the law with a practical, jargon-free approach to provide guidelines on issues ranging from medical treatment to making a will, sexual decisionmaking and capacity in the context of the Mental Health Act 1983. The fifth edition has been updated and expanded to include: recent case law, including the first Supreme Court case on the approach to mental capacity in the Mental Capacity Act 2005 research-based guidance about complex capacity assessment the changes to be brought in by the Mental Capacity (Amendment) Act 2019 a new chapter on supporting legal capacity, taking into account the UN Convention on the Rights of Persons with Disabilities.

Table of contents

• Cover
• Half Title
• Series
• Title Page
• Copyright
• Contents
• Foreword
• Preface
• Acknowledgements
• About the authors
• Table of cases
• Table of statutes
• Table of statutory instruments
• Table of international treaties and instruments
• Abbreviations
• PART I: INTRODUCTION
• 1 The law, practice and this book
• 2 Professional and ethical issues
• PART II: LEGAL PRINCIPLES
• 3 The Mental Capacity Act 2005: capacity and best interests
• 4 The legal principles: capacity and evidence
• 5 Supporting legal capacity
• PART III: LEGAL TESTS OF CAPACITY
• 6 Capacity to deal with financial affairs
• 7 Capacity to make a will
• 8 Capacity to make a gift
• 9 Capacity to litigate
• 10 Capacity to enter into a contract
• 11 Capacity to vote
• 12 Capacity and personal relationships
• 13 Capacity to consent: the criminal law and sexual offences
• 14 Capacity and medical treatment
• 15 Capacity to consent to research and innovative treatment
• 16 Capacity and deprivation of liberty
• 17 Capacity and the Mental Health Act 1983
• PART IV: PRACTICAL ASPECTS OF THE ASSESSMENT OF MENTAL CAPACITY
• 18 Practical guidance for doctors
• 19 Practical guidance for lawyers
• Appendix A: Mental Capacity Act 2005, ss.1–6 (as amended by Mental Health Act 2007)
• Appendix B: Court of Protection
• Appendix C: Serious Medical Treatment Guidance [2020] EWCOP 2
• Appendix D: The Official Solicitor
• Appendix E: Certificate as to capacity to conduct proceedings (Official Solicitor)
• Appendix F: COP3 Assessment of Capacity and Guidance Notes
• Appendix G: Potential questions for assessing testamentary capacity
• Appendix H: Sample letter to a GP requesting evidence of testamentary capacity
• Appendix I: Sample letter of instruction to psychiatrist to assess capacity
• Appendix J: Addresses
• Appendix K: Further reading
• Index