Blackstone's Guide to the Mental Capacity Act 2005,9780199289035

Blackstone's Guide to the Mental Capacity Act 2005

by
ISBN13: 9780199289035
ISBN10: 0199289034
Format: Paperback
Pub. Date: 2005-11-10
Publisher(s): Blackstone Press
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Summary

The Mental Capacity Act 2005 comes into force in 2007 and radically reforms the law under which decisions will be made for those who lack mental capacity. Changes are wide-ranging and significant and include: a new functional capacity test; the primacy of 'best interests'; the creation of a new Court of Protection; and a new criminal offense of ill-treatment or wilful neglect. This practical guide contains a copy of the Act and examines both the impact of the changes introduced and the priniciples and key concepts. It is an invaluable resource for all practitioners working in this complex area.

Author Biography


Peter Bartlett is Nottinghamshire Healthcare NHS Trust Professor of Mental Health Law at the University of Nottingham. He has written and contributed to a wide array of publications in the field including Mental Health Law: Policy and Practice 2/e (co-authored with Ralph Sandland, published by OUP, 2003); Mental Health Law: The Advocates' Manual 2/e (Toronto, Community Legal Education, 1988); and Involuntary Detention and Civil Commitment (contributor, ed. Diesfield & Freckelton, Ashgate, 2003).

Table of Contents

PREFACE IX
ACKNOWLEDGEMENTS XIV
TABLE OF ABBREVIATIONS XV
TABLE OF CASES XVI
TABLE OF LEGISLATION XIX
1. THE LEGISLATIVE HISTORY AND THE ROLE OF THE COMMON LAW
A. The Demise of Parens Patriae and the Legal Lacuna
1. Estate-related Matters
2. Personal Decisions
B. The Development of the Common Law
1. A New Jurisdiction?
2. Defining Incapacity
3. Defining Best Interests
C. The Law Commission Proposals and the Road to Legislative Reform
2. AN OVERVIEW OF THE STATUTE
A. The Legislative Structure and the Code of Practice
B. The Overall Picture
C. The Principles and the Meaning of Incapacity
D. Best Interests
E. A General Defence in Civil and Criminal Law, and Contracts for Necessary Goods and Services
F. Lasting Powers of Attorney
G. The Powers of the Court and Appointment of Deputies
H. Advance Decisions to Refuse Treatment
I. Research Relating to People Lacking Capacity
J. Ill-treatment or Neglect of Persons Lacking Capacity
3. ROUGH EDGES?
A. Enforcement
B. Children
C. End-of-life Decisions
D. The Human Rights Act 1998
E. Interface with the Mental Health Act 1983
F. Continuation of the Common Law?
APPENDIX Mental Capacity Act 2005 97(86)
INDEX 183

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