Legal Aspects of Mental Capacity

International Journal of Health Care Quality Assurance

ISSN: 0952-6862

Article publication date: 21 March 2008

Keywords

Citation

(2008), "Legal Aspects of Mental Capacity", International Journal of Health Care Quality Assurance, Vol. 21 No. 2. https://doi.org/10.1108/ijhcqa.2008.06221bae.001

Publisher

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Emerald Group Publishing Limited

Copyright © 2008, Emerald Group Publishing Limited


Legal Aspects of Mental Capacity

Article Type: Recent publications From: International Journal of Health Care Quality Assurance, Volume 21, Issue 2.

Please note that, unless expressly stated, these are not reviews of titles given. They are descriptions of the books, based on information provided by the publishers.Legal Aspects of Mental CapacityBridgit Dimond (Barrister-at-Law, Emeritus Professor of the University of Glamorgan, former Consultant and Teacher at the College of Occupational Therapists)Blackwell PublishingNovember 2007ISBN 9781405133593

Article Type: Recent publications From: International Journal of Health Care Quality Assurance, Volume 21, Issue 2.

Keywords: Informed consent, Healthcare legalities, Code of conduct

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.

Contents include:

  • Introduction: Anatomy of the Mental Capacity Act and its Terms

  • Background to the Legal System and the Mental capacity Act

  • Human Rights and Statutory Principles for governing Decision Making

  • Definition of Mental Capacity

  • Making Decisions in the Best Interests of Others

  • Scenarios B Making Decisions in the Best Interests of Others

  • Lasting Powers of Attorney

  • Independent Mental Capacity Advocates

  • Advance Decisions

  • Research

  • Protection of Vulnerable Adults and Accountability

  • Children and Young Persons

  • Mental Capacity and Mental Disorder

  • Organ and Tissue Removal, Storage and Use

  • The Informal Carer

  • Implementation, Resources and Code of Practice.