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LEGAL ASPECTS OF MENTAL CAPACITY A Practical Guide for Health and Social Care Professionals SECOND EDITION Praise for the first edition: “Invaluable in negotiating the legal minefield that surrounds the complicated issue of mental capacity.”Mental Health Practice “In Dimond’s Legal Aspects of Mental Capacity, we find a well-crafted reference book that goes beyond mere presentation of the law and relevant regulations.”Metapsychology The Mental Capacity Act (2005) regulates decision-making processes on behalf of adults who are unable to give informed consent due to a loss in mental capacity (be that from birth or due to an illness or injury at some point in their lives). Since the act’s implementation, the new Court of Protection has been firmly established, and there have been significant Supreme Court cases, as well as further guidance on the 2005 Act and major developments in the use and assessment for Deprivation of Liberty Safeguards. Thoroughly updated to take into account the many updates, developments, and changes in legislation and guidance, the new edition of Dimond’s authoritative guide will be warmly welcome by practitioners and students who need to understand and work within the Mental Capacity Act and how it applies to their professional responsibilities. A highly practical guide to the Mental Capacity Act and its provisions since its conception in 2005 Relevant for a wide range of practitioners and students within health and social careHighly readable and easily accessible, even for those with no legal background Includes a range of learning features, including scenarios, questions and answers, key summary points, and applications for practice. Legal Aspects of Mental Capacity is an essential resource for all healthcare and social services professionals, students, patient services managers, and carers working with those who lack the capacity to make their own decisions.
BRIDGIT DIMOND is well known for her writings on health service law. She is a former member of the Mental Health Act Commission and a non-executive of Bro Taf Health Authority. She is an Emeritus Professor of the University of South Wales and a former non-executive director of Shaw Homes, a friendly society which manages nursing homes and care homes for the elderly, mentally infirm, and those with special needs
Preface viAcknowledgements viiTable of cases viiiTable of statutes xivGlossary xviiList of abbreviations xxii1 Introduction: Anatomy of the Mental Capacity Act and its terms 12 Background to the legal system and the Mental Capacity Act 83 Human rights and statutory principles for governing decision making 194 Definition of mental capacity 315 Making decisions in the best interests of others 496 Lasting powers of attorney 777 Court of Protection, court-appointed deputies, the Office of the Public Guardian, and visitors 1058 Independent mental capacity advocates 1359 Advance decisions 16310 Research 18211 Protection of vulnerable adults and accountability 19912 Children and young persons 22913 Mental capacity and mental disorder 23914 Deprivation of liberty safeguards 25315 Organ and tissue removal, storage, and use 27916 The informal carer 28917 Implementation, resources, and Code of Practice 30518 Wales, Scotland, and Northern Ireland 31819 The future 330Websites 332Answers to quick fire quizzes 335Recommended further reading 344Index 346