Product Description
The new edition of Blackstone's Guide to the Mental Capacity Act 2005, has been thoroughly updated to take account of the impact of the Mental Health Act 2007, new Codes of Practice to the MCA 2005, and new Court of Protection Rules. It has expanded analysis of the issues which arose in the Bournewood decision and provides a clear and comprehensive guide to the scope and implications of Mental Capacity legislation and advice on how to ensure best practice.
This portable guide to the Mental Capacity Act 2005 contains a copy of the Act, the Code of Practice, Regulations regarding Lasting Powers of Attorney and the Court Rules for the Court of Protection. This is an invaluable resource for all lawyers and professionals working in this complex area.
New to this edition of Blackstone's Guide to the Mental Capacity Act 2005:
- Includes the complete text of the MCA 2005 as amended by the MHA 2007, as well as the new Codes of Guidance, the Code of Practice, regulations regarding Lasting Powers of Attorney and the Court Rules for the Court of Protection
- Covers the substantive and procedural detail which is contained in the new codes, regulations and rules which have been promulgated since Royal Assent
- Brings the text up to date with the amendments brought about by the Mental Health Act 2007
- Discusses the European Court of Human Rights judgment in HL v. UK and its subsequent impact on this area of the law
Product Data
- ISBN:
- 9780199239047
- Author:
- Peter Bartlett
- Publisher:
- Oxford University Press
- Pub Date:
- 21 February 2008
- Edition:
- Second edition
- Format:
- Paperback
- Extent:
- 592 pages
- Dimensions:
- 156 x 234 mm
- Series:
- Blackstone's Guides
- Approx Wt:
- 0.84 kg
- HS Code:
- 490199
- The Mental Capacity Act 2005: The Basic Structure
- Introducing the Mental Capacity Act 2005
- Making Decisions on Behalf of People who Lack Capacity
- Planning for Incapacity
- The Building Blocks: the Act, the Code of Practice, Rules, and Guidance
- The Way Ahead
- The Legislative History and the Role of the Common Law
- The Demise of Parens Patriae and the Legal Lacuna
- The Development of the Common Law
- The Law Commission Proposals and the Road to Legislative Reform
- An Overview of the Statute
- The Legislative Structure and the Code of Practice
- The Overall Picture
- The Principles
- The Meaning of Incapacity
- Best Interests
- A General Defence in Civil and Criminal Law, and Contracts for Necessary Goods and Services
- Lasting Powers of Attorney (LPAs)
- The Powers of the Court and Appointment of Deputies
- Advance Decisions to Refuse Treatment
- Research Relating to People Lacking Capacity
- Ill-Treatment or Neglect of Persons Lacking Capacity
- Deprivation of Liberty of People Lacking Capacity: The 2007 Amendments
- Introduction
- Overview of the 2007 Amendments
- Deprivation of Liberty
- Qualifying Requirements
- Safeguards
- Rough Edges?
- Enforcement
- Minors
- End of Life Decisions
- The Human Rights Act
- Interface with the Mental Health Act
- Continuation of the Common Law?
Appendices
- Appendix 1
- Mental Capacity Act 2005
- Appendix 2
- Mental Capacity Act 2005 Code of Practice
- Appendix 3
- The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007
- Appendix 4
- Court of Protection Rules 2007
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