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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Assessment of Mental Capacity: A Practical Guide for Doctors and Lawyers 4th ed isbn 9781784460389

Assessment of Mental Capacity: A Practical Guide for Doctors and Lawyers 3rd ed

ISBN13: 9781853287787
New Edition ISBN: 9781784460389
Previous Edition ISBN: 0727916718
Published: December 2009
Publisher: Law Society Publishing
Country of Publication: UK
Format: Paperback
Price: Out of print

This unique guide to the rights and treatment of adults who lack mental capacity helps lawyers and health care professionals to understand the law and practice in all areas where an assessment of capacity is needed.

Now completely revised to take account of the Mental Capacity Act 2005, Deprivation of Liberty safeguards, and recent decisions by the courts, this practical book:

  • explains the principles and concepts underpinning the Act
  • examines the tests of capacity which apply to various decisions and activities
  • discusses how the courts have interpreted issues relating to capacity
  • presents all the relevant guidelines for the health and legal professions
  • aids communication and common understanding between professions.
It will provide an indispensable tool for the health and legal professions and an essential source of guidelines and information, including extracts from the Act and Code of Practice.

Mental Health Law, Wills and Probate
Part I – Introduction;
1. The law, practice, and this book;
2. Professional and ethical issues;

Part II – Legal Principles;
3. The Mental Capacity Act 2005: capacity and best interests;
4. The legal principles: capacity and evidence;

Part III – Legal Tests of Capacity;
5. Capacity to deal with financial affairs;
6. Capacity to make a will;
7. Capacity to make a gift;
8. Capacity to litigate;
9. Capacity to enter into a contract;
10. Capacity to vote;
11. Capacity and personal relationships;
12. Capacity to consent: the criminal law and sexual offences;
13. Capacity to consent to and refuse medical treatment and procedures;
14. Capacity to consent to research and innovative treatment;
15. Capacity and the deprivation of liberty;

Part IV – Practical Aspects of the Assessment of Capacity;
16. Practical guidelines for doctors;
17. Practical guidelines for lawyers;