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The Mental Capacity Act 2005: A Guide for Practice

The Mental Capacity Act 2005: A Guide for Practice

Second Edition

304 pages | Learning Matters
In 2007 The Mental Capacity Act came into effect providing a new statutory framework for decision making. This book is a practical guide to working within the requirements of the Act, identifying situations where staff will need to be familiar with the Act and Code of Practice and providing checklists and exercises to help people to ensure compliance with the new requirements. This edition also includes the complete text of the Deprivation of Liberty Safeguards and will be of immense value to Best Interest Assessors.
Background to the Mental Capacity Act 2005
The Key Features of the Mental Capacity Act 2005
The Code of Practice (Sections 42-43)
Principles (Section 1)
What Is Lack of Capacity? (Sections 2 and 3)
Best Interests (Section 4)
Protection for Those Making Decisions (Sections 5 to 8)
Lasting Powers of Attorney (Sections 9 to 14 and 22-23)
Deputies and Declarations (Sections 15 to 21)
Advance Decisions to Refuse Treatment (Sections 24 to 26)
Independent Mental Capacity Advocates (IMCAs) (Sections 35 to 41)
The Court of Protection and the Public Guardian (sections 45 to 61)
Other Issues
Links with Other Areas of Law
Deprivation of Liberty Safeguards
The Interface between the Mental Capacity Act and the Mental Health Act
The Distinction between Restriction of Movement and Deprivation of Liberty

"An excellent book in every respect." (Senior lecturer, University of Huddersfield.)

an excellent book that contains a wealth of related information and guides practitioners through the Mental Capacity Act.

Mrs Julie Clarkson
Early Years, Craven College
March 23, 2015

a great text that is easy to understand and helps the nurse to explore key clinical issues easily

Mrs Jeni Bell
medicine for older people, Southampton General Hospital
May 30, 2014

The book is good as it provides primary reference (ie the law) with succinct accompanying comment. The course is about law applicable to health and social care and there are a number of areas studied. Mental capacity is clearly one such area.

Mr Huw Evans
Cardiff School of Health Sciences, Cardiff Metropolitan University
March 27, 2013

This book is written in such a way that makes a comprehensive and sometimes unclear area of legislation, easier to grasp.

The text includes important, relevant and up to date case law and case examples. Therefore underpinning current knowledge and enabling further knowledge to develop.

Written in a jargon free manner, making this text more appealing.

Mrs Surj Sall-Dullat
Mental Health Law & Policy Team, Staffordshire County Council
January 15, 2013

As a trainer for the Local Authority in MCA / DOLS this book is essential for for adult care teams. well written and easy to read

Mr Derek Barron
Education , Social Services Department
December 14, 2012

This book is excellent and will be very useful for students who are trying to come to terms with the complexities of working within the field of mental; health.

Mrs Karen James
Care, Coleg Sir Gar
December 5, 2012

A useful and practical resource which focuses on the difficulites and complexities of caring for patients with complex needs where the requirements of the Mental Health Act needs to be put into practice.

Owena Simpson
Faculty of Health, Sport and Science (Social Work), Glamorgan University
November 21, 2012

Essential Reading for the Best Interest Assessor's Course. Excellent Text.

Nigel Downes
Faculty of Health, Sport and Science, Glamorgan University
November 21, 2012

An excellent book that is easy to understand and navigate. Certainly a valuable read for anybody who works with people who may have issues around capacity.

Mrs Eve Potts
School of Health and Postgrad Medicine, University of Central Lancashire
October 19, 2012

Robert Brown

Robert Brown is a social worker and a Director of Edge Training and Consultancy Ltd. He provides refresher training for AMHPs and helps to train Section 12 Approved Doctors and Approved Clinicians in South West England and Wales. He provides consultation and supervision services to Cornwall, Guernsey, Hampshire, Jersey and Reading. Rob has published widely in the field of mental health and mental capacity law; co-authoring The Mental Health Capacity Act 2005: a Guide to Practice as well as Mental Health Law in England and Wales. He was a Mental Health Act Commissioner from 1992-2010. Prior to that, Rob worked as a Mental... More About Author

Paul Barber

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. More About Author

Debbie Martin

Debbie Martin is Unit Leader and lecturer on the new Approved Mental Health Professionals course in South West England. She currently practices as an Approved Mental Health Professional in Wiltshire and has worked as a social worker and mental health manager in Manchester. Debbie also teaches on section 12 Approval courses for doctors and provides training for the Mental Health Act Commission and various NHS Trusts, Health Authorities and Local Authorities. More About Author

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