Book contents
- Frontmatter
- Contents
- Preface
- Preface to the second edition
- Common abbreviations and terms
- 1 The legal framework: the Mental Capacity Act, the Human Rights Act and common law
- 2 The Mental Capacity Act and the authority to treat
- 3 Assessment of capacity
- 4 Best interests
- 5 Alternative authority – planning for the future
- 6 Independent Mental Capacity Advocates and regulation of research
- 7 Deprivation of Liberty Safeguards
- 8 The Court of Protection, clinically relevant judgments from the courts and writing reports
- 9 The Mental Health Act
- References
- Index
Preface to the second edition
Published online by Cambridge University Press: 01 January 2018
- Frontmatter
- Contents
- Preface
- Preface to the second edition
- Common abbreviations and terms
- 1 The legal framework: the Mental Capacity Act, the Human Rights Act and common law
- 2 The Mental Capacity Act and the authority to treat
- 3 Assessment of capacity
- 4 Best interests
- 5 Alternative authority – planning for the future
- 6 Independent Mental Capacity Advocates and regulation of research
- 7 Deprivation of Liberty Safeguards
- 8 The Court of Protection, clinically relevant judgments from the courts and writing reports
- 9 The Mental Health Act
- References
- Index
Summary
Compared with the Mental Health Act, the Mental Capacity Act is newer, the scope so much wider and, consequently, the case law remains in a relatively accelerated state of evolution. The output from the Court of Protection has been copious and two important cases relating to the Mental Capacity Act have come before the Supreme Court. In this second edition we have therefore included more in the way of clinically relevant issues that have emerged from the courts since first publication in order to bridge the gap between court judgments and the practising clinician.
The main topics that have been updated in this edition are:
‣ the interface between the Mental Health Act and the Mental Capacity Act, identifying the appropriate legal authority to use in clinical decision-making and clarifying the margins of the doctrine of necessity
‣ the Supreme Court judgment in relation to ‘Cheshire West’, how this affects the threshold of what is considered deprivation of liberty and the implications of the judgment on health and social care practice
‣ assessment of capacity and clarifying the threshold of decision-making incapacity
‣ the guidance for clinicians who may become involved in Court of Protection proceedings, which we have expanded and clarified with explanation of specific areas of clinically relevant case law.
- Type
- Chapter
- Information
- Publisher: Royal College of PsychiatristsPrint publication year: 2015