Legal Aspects of Mental Capacity
Legal Aspects of Mental Capacity

Author: Bridgit C. Dimond

Publisher: John Wiley & Sons

Published: 2008-04-30

Total Pages: 448

ISBN-13: 047069808X

DOWNLOAD EBOOK

The Mental Capacity Act (2005) governs decision-making processes on behalf of adults who are unable to give informed consent, whether they lose mental capacity at some point in their lives due to illness or injury or where the incapacitating condition has been present since birth. Legal Aspects of Mental Capacity will assist practitioners in understanding the basic provisions of the Act and how it applies to their professional responsibilities. It is also intended to be of assistance to the many carers who find themselves in the position of needing to make decisions on behalf of mentally incapacitated relatives and friends. Each chapter sets out the basis provisions, followed by a series of scenarios dealing with practical concerns which are discussed in the light of the new legislation. • A practical guide to the provisions of the Mental Capacity Act 2005 • Easily accessible for those with no legal background • Includes scenarios illustrating different legal points • Explores the background to the legislation, including determination of capacity and the definition of best interests Legal Aspects of Mental Capacity is an essential resource for all healthcare and social services professionals, patient services managers and carers working with those who lack the capacity to make their own decisions.

A Casebook of Mental Capacity in US Legislation
A Casebook of Mental Capacity in US Legislation

Author: Lynn A. Schaefer

Publisher: Taylor & Francis

Published: 2022-06-30

Total Pages: 225

ISBN-13: 1000602990

DOWNLOAD EBOOK

A Casebook of Mental Capacity in US Legislation: Assessment and Legal Commentary employs an applied and accessible approach to the assessment of mental capacity. Through the use of rich vignettes and case examples, the text provides legal commentary to illustrate state laws and ethical principles from varied decision-making capacities in distinct settings to fortify its assessment. The text begins by providing a background about decision-making capacity as a construct. It also provides practical guidance on capacity assessment germane to a broad range of clinical settings, including geropsychology, health psychology, and neuropsychology. It moves on to reviewing decision-making rights that make up capacity, and provides ethical guidelines while drawing the practitioner’s attention to the common pitfalls. The case presentations and legal commentary underline key areas such as the capacity to consent to medical treatment, make welfare decisions, enter into a sexual relationship, make financial decisions, create or revoke a will, litigate and contract, and stand trial. It also includes a chapter focusing on integrating culture and diversity in capacity evaluations with the aim of increasing the practitioner’s competence. This casebook will be useful for clinical psychologists in practice, researchers and students seeking to understand how to perform capacity assessments, as well as other related healthcare professionals. It is further aimed at legal professionals to utilize as a reference that details how individual types of capacity are defined and assessed.

The Spaces of Mental Capacity Law
The Spaces of Mental Capacity Law

Author: Beverley Clough

Publisher: Routledge

Published: 2021-10-21

Total Pages: 167

ISBN-13: 1000463834

DOWNLOAD EBOOK

This book explores the conceptual spaces and socio-legal context which mental capacity laws inhabit. It will be seen that these norms are created and reproduced through the binaries that pervade mental capacity laws in liberal legal jurisdictions- such as capacity/incapacity; autonomy/paternalism; empowerment/protection; carer/cared-for; disabled/non-disabled; public/private. Whilst on one level the book demonstrates the pervasive reach of laws questioning individuals mental capacity, within and beyond the medical context which it is most commonly associated with, at a deeper and perhaps more important level it challenges the underlying norms and assumptions underpinning the very idea of mental capacity, and reflects outwards on the transformative potential of these realisations for other areas of law. In doing so, whilst the book offers lessons for mental capacity law scholarship in terms of reform efforts at both domestic and internationals levels, it also offers ways to develop our understandings of a range of linked legal, policy and theoretical concepts. In so doing, it offers new critical vantage points for both legal critique and conceptual change beyond mental capacity law. The book will be of interest to researchers in mental capacity law, disability law and socio-legal studies as well as critical geographers and disability studies scholars.

Mental Capacity
Mental Capacity

Author: Marc Marin

Publisher: Jordan Publishing (GB)

Published: 2015

Total Pages: 0

ISBN-13: 9781784731601

DOWNLOAD EBOOK

This work was first published in response to the UK's Mental Capacity Act 2005. This edition has been extensively revised to provide coverage of all the latest developments in legislation, procedure and case law, including an examination of the deprivation of liberty safeguards and a new chapter dealing with the re-emergence of the inherent jurisdiction of the High Court and the cross-over with administrative law. As well as providing an authoritative commentary, highlighting areas of potential difficulty and offering practical guidance on the challenges that the legislation poses, it includes the text of the Mental Capacity Act 2005 (as amended) and the supplementary Codes of Practice.

Mental Capacity Legislation
Mental Capacity Legislation

Author: Rebecca Jacob

Publisher: Cambridge University Press

Published: 2019-06-27

Total Pages: 133

ISBN-13: 1108480365

DOWNLOAD EBOOK

This theoretical and practical guide to Mental Capacity Statute considers recent case law, medico-legal challenges and future legislation.

Advanced Introduction to Mental Health Law
Advanced Introduction to Mental Health Law

Author: Michael L. Perlin

Publisher: Edward Elgar Publishing

Published: 2021-01-29

Total Pages: 263

ISBN-13: 1789903912

DOWNLOAD EBOOK

Written by esteemed legal scholar Michael L. Perlin, this indispensable Advanced Introduction examines the long-standing but ever-dynamic relationship between law and mental health. The author discusses and contextualises how the law, primarily in the United States but also in other countries, treats mental health, intellectual disabilities, and mental incapacity, giving examples of how issues such as the rights of patients, the death penalty and the insanity defense permeate constitutional, civil, and criminal matters, and indeed the general practice of law.

A Concise Guide to the Mental Capacity Act
A Concise Guide to the Mental Capacity Act

Author: Dr Tracey Ryan-Morgan

Publisher: Routledge

Published: 2021-12-24

Total Pages: 96

ISBN-13: 1000520137

DOWNLOAD EBOOK

This book provides a clear introduction to the Mental Capacity Act (MCA, 2005), offering an easy reference guide to the complex issues enshrined within the Act to inform the everyday practice of those who need to perform within its parameters as part of their day-to-day work. Bringing together clinical neuropsychology expertise with legal commentary, the book introduces the main principles and presumptions of the MCA (2005) and describes the processes involved in the comprehensive assessment of what can, in practice, be complex issues. It provides learning summaries, flowcharts, checklists and web references for easy to access resources. The chapters also contain a broad range of illustrative case examples with considerable emphasis given to those areas of complexity that are not addressed in current guidance and which often prove contentious in everyday practice, such as how particular forms of brain injury can lead to hidden difficulties with decision-making which can be challenging to assess and evidence in practice. The book is essential reading for trainee nurses, doctors, paramedics, social workers, lawyers, psychologists and health and social care support workers, as well as experienced health and social care professionals such as ward managers and care and nursing home managers who face mental capacity issues in their day to day working role.

Court of Last Resort
Court of Last Resort

Author: Carol A. B. Warren

Publisher: University of Chicago Press

Published: 1984-08

Total Pages: 282

ISBN-13: 9780226873893

DOWNLOAD EBOOK

The Court of Last Resort looks at decision making in a mental-health court and at the dilemmas of treating mental illness while protecting patients' legal rights. Carol Warren spent seven years studying hearings in a large California court where people who had been involuntarily committed to institutions for psychiatric treatment could petition for their release. In this book she confronts questions of whether mental illness is real or only a label for societal control, whether the government should be involved in committing the deviant to institutions, and how the interaction of judges, psychiatrists, families, police, and other individuals and agencies affect the court's administration of mental-health law. Though the cases in this book fall under California's Lanterman-Petris-Short Act, Warren's analysis of conflicts between legal and medical models of behavior is of national and international importance both to sociologists and to the many professionals who work at the juncture of mental health and the law.

Mental Capacity
Mental Capacity

Author: Nicola Greaney

Publisher: Law Society Publishing

Published: 2008-08-01

Total Pages: 570

ISBN-13: 9781853286797

DOWNLOAD EBOOK

The Mental Capacity Act gained Royal Assent in April 2005. The Act clarifies the common law principles and best practice on capacity, and replaces Part 7 of the Mental Health Act 1983 and the Enduring Powers of Attorney Act 1985. This guide offers an analysis of both the Mental Capacity Act 2005 and the Mental Health Act 2007.