Mental Capacity Act 2005: A Guide to the New Law - Softcover

Greaney, Nicola; Morris, Fennella; Taylor, Beverley

Softcover

ISBN 10: 1853289035 ISBN 13: 9781853289033

Publisher: The Law Society, 2005

Synopsis

The Mental Capacity Act gained Royal Assent in April 2005. The Act clarifies the existing common law principles and best practice on capacity, and will replace Part 7 of the Mental Health Act 1983 and the Enduring Powers of Attorney Act 1985. Major changes provided for by the Act include: a definition of mental capacity; a test of mental capacity; a new scheme of Lasting Powers of Attorney; rules on advance decisions to refuse treatment (living wills); a new criminal offence of ill treatment of neglect of those lacking capacity; a restructured Court of Protection with wider powers to make decisions on financial, health and welfare issues; a new office of the Public Guardian to register Lasting Powers of Attorney and Deputies; and, new officials, including Court of Protection Visitors and Independent Mental Capacity Advocates. This concise guide offers a clear and authoritative analysis of the provisions of the Mental Capacity Act 2005. The authors are experienced practitioners who give legal and practical insights derived from the application of the current common law scheme which the Act has codified. This book includes the full text of the Mental Capacity Act 2005.

About this title

Review:

'Most clearly written and its use of examples, whether from the code, the explanatory notes or the parliamentary debates, is often apposite and always illuminating. A useful addition to the discerning library.' New Law Journal, 14 April 2006

About the Author:

Nicola Greaney is a barrister at 39 Essex Street Chambers. She is regularly instructed in cases involving incapable adults on behalf of local authorities, individuals and the Official Solicitor as regards health, welfare and financial issues. Fennella Morris is a barrister at 39 Essex Street Chambers. She is regularly instructed in cases concerning the health, welfare and finances of incapable adults and has appeared in a number of leading cases including Pretty v. UK. Beverley Taylor is a Senior Family and Medical Lawyer at the Office of the Official Solicitor and Public Trustee. Beverley is a qualified barrister and solicitor. She was previously Principal Lecturer in Law at Middlesex University teaching family and medical law.

About this edition

• Publisher: The Law Society
• Publication date: 2005
• ISBN 10: 1853289035
• ISBN 13: 9781853289033
• Binding: Paperback
• Number of pages: 360