The Mental Capacity Act 2005

Robert Brown is a Visiting Fellow at Bournemouth University and was a Founding Director of Edge Training and Consultancy Limited. He was a Mental Health Act Commissioner from 1992 until 2010. He provides refresher training for Approved Mental Health Professionals (AMHPs) and Best Interest Assessors (BIAs) and contributes to the training of section 12 approved doctors and Approved Clinicians in South West England and Wales. He provides consultation and supervision for the AMHPs/BIAs in the Deprivation of Liberty Team in Cornwall. Rob also provides consultation to Lead AMHPs in Hampshire, the Isle of Wight, Lambeth, Portsmouth and West Berkshire. He has published widely in the field of mental health and mental capacity law. Debbie Martin is a guest lecturer for the Swansea University Approved Mental Health Professional programme. She is also involved in the training of section 12 Approval and Approved Clinician courses, and provides training to various NHS Trusts, Health Authorities, Health Boards and Local Authorities. She has published in the field of mental health and mental capacity law. She is a registered social worker, and has practised as a social worker, a mental health manager and an Approved Mental Health Professional. Paul Barber qualified in 1976. Until December 2003 he was a partner at Bevan Ashford Solicitors (now Bevan Brittan) where for many years he led the firm’s NHS Litigation Department, increasingly specialising in the field of Mental Health and Human Rights law. He is now a Consultant to the firm and a freelance trainer and lecturer. He is extensively involved in training Approved Social Workers and lecturing on Section 12 Approval courses for doctors. He also provides training for the Mental Health Act Commission and numerous NHS Trusts and Health Authorities.

• Chapter 1: Background to the Mental Capacity Act 2005Chapter 2: The key features of the Mental Capacity Act 2005Chapter 3: The Code of Practice (sections 42–43)Chapter 4: Principles (section 1)Chapter 5: What is lack of capacity? (sections 2–3)Chapter 6: Best interests (section 4)Chapter 7: Protection for those making decisions (sections 5–8)Chapter 8: Lasting Powers of Attorney (sections 9–14 and 22–23)Chapter 9: Deputies and declarations (sections 15–21)Chapter 10: Advance decisions to refuse treatment (sections 24–26)Chapter 11: Independent Mental Capacity Advocates (IMCAs) (sections 35–41)Chapter 12: The Court of Protection and the Public Guardian (sections 45–61)Chapter 13: Other issuesChapter 14: ResearchChapter 15: Links with other areas of lawChapter 16: Deprivation of Liberty SafeguardsChapter 17: The interface between the Mental Capacity Act and the Mental Health ActChapter 18: The distinction between restriction of movement and deprivation of libertyAppendix 1 The Mental Capacity Act 2005Appendix 1A DOLS Regulations on RepresentativeAppendix 1B DOLS Assessment RegulationsAppendix 2 Helping people to make their own decisionsAppendix 3 Assessing capacityAppendix 4 Best interests checklistAppendix 5 Multiple choice answersAppendix 6 Lasting Powers of Attorney and advance decisionsAppendix 7 Identifying a deprivation of libertyAppendix 8 The DOLS procedures