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The Mental Capacity Act 2005

The Mental Capacity Act 2005
A Guide for Practice

Fourth Edition

April 2024 | 344 pages | Learning Matters
The Mental Capacity Act 2005 and its accompanying Codes of Practice continue to have a huge impact on mental health professionals working with some of the most vulnerable people throughout England and Wales. Whether you are a Social Worker, Best Interest Assessor, Mental Health Nurse, Doctor, Psychiatrist or an Approved Mental Health Professional (AMHP), understanding the Mental Capacity Act and its implications for practice is essential and this indispensable guide will help you do just that. 

The Mental Capacity Act 2005 is designed to protect and empower individuals who may lack the mental capacity to make their own decisions about their care and treatment and this bestselling book will provide invaluable support to busy practitioners needing to draw on the Act in the following ways: 

- Sets out the full text of the main body of the Act for quick reference
- Contains practical advice and checklists for working with the Act and the main principles and Codes of Practice
- Shows how the Mental Health Act and Mental Capacity Act interact so that statutory requirements can be put into practice. 
Chapter 1: Background to the Mental Capacity Act 2005
Chapter 2: The key features of the Mental Capacity Act 2005
Chapter 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 issues
Chapter 14: Research
Chapter 15: Links with other areas of law
Chapter 16: Deprivation of Liberty Safeguards
Chapter 17: The interface between the Mental Capacity Act and the Mental Health Act
Chapter 18: The distinction between restriction of movement and deprivation of liberty
Appendix 1 The Mental Capacity Act 2005
Appendix 1A DOLS Regulations on Representative
Appendix 1B DOLS Assessment Regulations
Appendix 2 Helping people to make their own decisions
Appendix 3 Assessing capacity
Appendix 4 Best interests checklist
Appendix 5 Multiple choice answers
Appendix 6 Lasting Powers of Attorney and advance decisions
Appendix 7 Identifying a deprivation of liberty
Appendix 8 The DOLS procedures

Robert Brown

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... More About Author

Debbie Martin

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. More About Author

Neil Allen

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

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