A Practical Guide for Health and Social Care Professionals

SECOND EDITION

Praise for the first edition:

Invaluable in negotiating the legal minefield that surrounds the complicated issue of mental capacity.
Mental Health Practice

In DimondsLegal Aspects of Mental Capacity,we find a well-crafted reference book that goes beyond mere presentation of the law and relevant regulations.
Metapsychology

The Mental Capacity Act (2005) regulates decision-making processes on behalf of adults who are unable to give informed consent due to a loss in mental capacity (be that from birth or due to an illness or injury at some point in their lives). Since the acts implementation, the new Court of Protection has been firmly established, and there have been significant Supreme Court cases, as well as further guidance on the 2005 Act and major developments in the use and assessment for Deprivation of Liberty Safeguards.

Thoroughly updated to take into account the many updates, developments, and changes in legislation and guidance, the new edition of Dimonds authoritative guide will be warmly welcome by practitioners and students who need to understand and work within the Mental Capacity Act and how it applies to their professional responsibilities.A highly practical guide to the Mental Capacity Act and its provisions since its conception in 2005Relevant for a wide range of practitioners and students within health and social careHighly readable and easily accessible, even for those with no legal backgroundIncludes a range of learning features, including scenarios, questions and answers, key summary points, and applications for practice.

Legal Aspects of Mental Capacityis an essential resource for all healthcare and social services professionals, students, patient services managers, and carers working with those who lack the capacity to make their own decisions.

BRIDGIT DIMONDis well known for her writings on health service law. She is a former member of the Mental Health Act Commission and a non-executive of Bro Taf Health Authority. She is an Emeritus Professor of the University of South Wales and a former non-executive director of Shaw Homes, a friendly society which manages nursing homes and care homes for the elderly, mentally infirm, and those with special needs

Preface vi

Acknowledgements vii

Table of cases viii

Table of statutes xiv

Glossary xvii

List of abbreviations xxii

1 Introduction: Anatomy of the Mental Capacity Act and its terms 1

2 Background to the legal system and the Mental Capacity Act 8

3 Human rights and statutory principles for governing decision making 19

4 Definition of mental capacity 31

5 Making decisions in the best interests of others 49

6 Lasting powers of attorney 77

7 Court of Protection, court-appointed deputies, the Office of the Public Guardian, and visitors 105

8 Independent mental capacity advocates 135

9 Advance decisions 163

10 Research 182

11 Protection of vulnerable adults and accountability 199

12 Children and young persons 229

13 Mental capacity and mental disorder 239

14 Deprivation of liberty safeguards 253

15 Organ and tissue removal, storage, and use 279

16 The informal carer 289

17 Implementation, resources, and Code of Practice 305

18 Wales, Scotland, and Northern Ireland 318

19 The future 330

Websites 332

Answers to quick fire quizzes 335

Recommended further reading 344

Index 346