Assessment of Mental Capacity

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Author: The British Medical Association

Publisher: The Law Society

ISBN: 1784460397

Category: Law

Page: 368

View: 5956

Doctors, lawyers and other professionals often need to make an assessment of a person's mental capacity. This book helps to support these professionals by giving them a fuller understanding of the law in all situations where an assessment of capacity may be needed, clarifying the roles of professionals and providing an aid to communication both between them and with the person being assessed.Written by experts from a variety of disciplines, Assessment of Mental Capacity combines a precise statement of the law with a practical, jargon-free approach to provide guidelines on a range of issues, from capacity to form intimate personal relationships, to capacity to consent to medical treatment. The fourth edition has been updated and expanded to take account of:- recent case law and current good practice- revision of the Mental Health Act 1983 Code of Practice- the rising prominence of the United Nations Convention on the Rights of Persons with Disabilities.It provides an essential source of guidelines and information, including extracts from Mental Capacity Act 2005 and the Code of Practice, and is an indispensable tool for health and legal professionals.

Assessment of Mental Capacity

Guidance for Doctors and Lawyers

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Author: British Medical Association,The Law Society

Publisher: John Wiley & Sons

ISBN: 0470757302

Category: Medical

Page: 236

View: 2088

This guide on assessment of people with some sort of mental impairment is a broad ranging report produced jointly by the British Medical Association and the Law Society. It is an authoritative statement on an important area. Its wide ranging coverage makes it essential reading for these groups. The second edition has been revised throughout to bring it right up to date with present requirements.

Mental Capacity

Powers of Attorney and Advance Health Directives

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Author: Berna Collier,Chris Coyne,Karen Sullivan

Publisher: Federation Press

ISBN: 9781862874268

Category: Law

Page: 174

View: 1979

When is a person in a fit state to execute an enduring power of attorney or an advance health directive? The complex mix of legal, medical and ethical issues continue to provide difficult, practical issues for individuals, their professional advisers, their families, and the courts and tribunals. This cross-disciplinary book analyses the law and the medical and psychological perspectives and includes case studies to highlight problems and suggest ways of resolution.Mental Capacity: Provides an overview of the framework of law within Australia. Focuses on the law as it currently stands in relation to assessing mental capacity, including a consideration of the interaction between legal and medical standards. Analyses the importance and difficulties of defining and judging capacity in the medical context. Examines best practice in relation to health based competency assessments. Looks at the role of the neuropsychologist in determining the extent and characteristics of cognitive impairment.

Grandpa on a Skateboard (Second Edition)

The Practicalities of Assessing Mental Capacity and Unwise Decisions

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Author: Tim Farmer

Publisher: Rethink Press

ISBN: 9781781332740

Category: Law

Page: 160

View: 7919

Grandpa on a Skateboard is the first practical book for health and legal professionals that simplifies and explains Mental Capacity assessments. Through the use of real life case studies and by providing clear, jargon free guidance it demystifies the assessment process and answers questions that other literature on the topic does not address.

Legal Aspects of Mental Capacity

A Practical Guide for Health and Social Care Professionals

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Author: Bridgit C. Dimond

Publisher: John Wiley & Sons

ISBN: 1119045363

Category: Law

Page: 376

View: 3718

Highly Commended in Health and social care in the 2017 BMA Medical Book Awards 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 Act’s original conception the new Court of Protection is now 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 account of the many updates, developments and changes in legislation and guidance, the new edition of Dimond’s 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 2005 Relevant for a wide range of practitioners and students within health and social care Highly readable and easily accessible, even for those with no legal background Includes a range of learning features, including scenarios, questions and answers, key summary points, and applications for practice. Legal Aspects of Mental Capacity is 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.

Mental Capacity Legislation

Principles and Practice

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Author: Rebecca Jacob,Michael Gunn,Anthony Holland

Publisher: RCPsych Publications

ISBN: 9781909726000

Category: Medical

Page: 122

View: 7366

This book draws on clinical experience, case law and the developing research literature accrued during the six years that the Mental Capacity Act (MCA) and the Deprivation of Liberty Safeguards (DoLS) have been in effect. It focuses on the theory underpinning the principles of this legislation and the practical challenges of applying it in clinical settings. It also compares and contrasts the remit of the Mental Capacity Act with that of the Mental Health Act. The book is aimed at psychiatrists and other mental health professionals who treat individuals who lack capacity, and also at those called upon to guide and advise colleagues in acute hospitals and residential care settings about the assessment of capacity, DoLS and the appropriate use of best interests principles. The contributors, who include both clinicians and clinical academics, have been chosen to ensure that both practical and research considerations pertaining to the statute are taken into account. (Please note, this book applies to the law in England and Wales only.)

Mental Capacity Act 2005 code of practice

[2007 final edition]

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Author: Great Britain: Department for Constitutional Affairs

Publisher: The Stationery Office

ISBN: 9780117037465

Category: Law

Page: 296

View: 937

The Mental capacity Act 2005 provides a statutory framework for people who lack the capacity to make decisions for themselves, or for people who want to make provision for a time when they will be unable to make their own decisions. This code of practice, which has statutory force, provides information and guidance about how the Act should work in practice. It explains the principles behind the Act, defines when someone is incapable of making their own decisions and explains what is meant by acting in someone's best interests. It describes the role of the new Court of Protection and the role of Independent Mental Capacity Advocates and sets out the role of the Public Guardian. It also covers medical treatment and the way disputes can be resolved.

A Practical Guide to the Mental Capacity Act 2005

Putting the Principles of the Act Into Practice

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Author: Matthew Graham,Jakki Cowley

Publisher: Jessica Kingsley Publishers

ISBN: 0857009400

Category: Social Science

Page: 192

View: 3525

This book provides a theory-to-practice breakdown of the Mental Capacity Act 2005 and what its implications are for health and social care workers. Informative and accessible, it provides a clear depiction of the ethos behind the Act and offers instruction for its effective, lawful and person-centred application. This practical guide describes how to assess capacity and what a good assessment of capacity should look like, how to deal with conflicts and dilemmas, and the role of legal authority in decision-making. A Practical Guide to the Mental Capacity Act 2005 is an invaluable resource for any health and social care professionals working with individuals who lack decision-making capacity.

Post-Legislative Assessment of the Mental Health Act 2007

Memorandum to the Health Committee

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Author: Great Britain: Department of Health

Publisher: The Stationery Office

ISBN: 9780101840828

Category: Mental health laws

Page: 33

View: 6724

The Mental Health Act 2007 ch. 12 is available separately (ISBN 978105412076)

Disabled Justice?

Access to Justice and the UN Convention on the Rights of Persons with Disabilities

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Author: Eilionóir Flynn

Publisher: Ashgate Publishing, Ltd.

ISBN: 1472418611

Category: Law

Page: 190

View: 6354

Disability offers a new lens through which to view the effectiveness of access to justice, and the inclusiveness of the justice system as a whole. This book analyses the experience of people with disabilities through the entire justice system, from making a complaint, to investigation, and through the court/tribunal process. It also considers the participation of people with disabilities in a variety of roles in the justice system - as witness, defendant, complainant, plaintiff, lawyer, judge and juror. More broadly, it also critically examines the subtle barriers of access to justice which might exist in a given society - including barriers to grassroots disability advocacy, legal education and training, the right to vote and the right to stand for election which may apply to people with disabilities. The book is international and comparative in scope with a focus primarily on examples of legal practice and justice systems in common law countries. The work will be of interest to scholars working in the areas of human rights, equality and non-discrimination, disability rights activists and legal professionals who work with people with disabilities to achieve access to justice.

Legal Aspects of Occupational Therapy

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Author: Bridgit C. Dimond

Publisher: John Wiley & Sons

ISBN: 1444348167

Category: Medical

Page: 680

View: 5830

Since publication of the original edition in 1996, this book has established itself as an essential text for occupational therapists. It offers an understanding of the law relating to their practice, but is written to be accessible for those who have no prior legal knowledge. The text provides valuable information for occupational therapists employed in health and social services, as well as the law relevant to private practitioners. The book includes chapters on all the main client groups and presents the relevant specialist law. Students and teachers of occupational therapy will find the chapters on professional registration, education, training and research of particular interest. The third edition has been substantially revised to cover significant changes in legislation since the previous version. There is also a brand new chapter on the subject of death and dying. Legal Aspects of Occupational Therapy remains a key resource for the occupational therapy student, practitioner and service manager.

Deprivation of Liberty Safeguards

Code of Practice to Supplement the Main Mental Capacity Act 2005 Code of Practice

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Author: Tso

Publisher: The Stationery Office

ISBN: 9780113228157

Category: Education

Page: 120

View: 3679

The Mental Capacity Act 2005 provides a statutory framework for acting and making decisions on behalf of individuals who lack the mental capacity to do so for themselves. It introduced a number of laws to protect these individuals and ensure that they are given every chance to make decisions for themselves. The Act has recently been supplemented with new provisions pertaining to those who need to be accommodated under care and treatment regimes that may have the effect of depriving them of their liberty, but who lack the capacity to consent. This Code of Practice provides guidance and information for professionals implementing the deprivation of liberty safeguards legislation on a daily basis. In some cases, this will be paid staff, in others, those who have been appointed by law to represent individuals who lack capacity to make decisions for themselves (such as deputies or donees of a Lasting Power of Attorney).The Code incorporates good practice and demonstrates how the principles of the Act can be applied to those who have been deprived of their liberty for their own safety, or for the safety of others.

Children with Mental Disorder and the Law

A Guide to Law and Practice

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Author: Anthony Harbour

Publisher: Jessica Kingsley Publishers

ISBN: 9781846428005

Category: Law

Page: 248

View: 4105

Children and young people with complex mental health needs are increasingly being cared for within specialist mental health care settings, either in the community or in in-patient facilities. With rapid social developments, it can be difficult for carers and practitioners to keep track of the law in this area. This book provides a guide to the law relating to mental health care for children and young people, their rights and entitlement to service, and discusses important issues in clinical and social care practice such as parental responsibility, Gillick competency and capacity, emergency intervention and detention, assessment of mental illness and confidentiality in practice. A chapter written by Mary Mitchell considers the diagnosis and management of complex mental illness in young people, and a concluding chapter discusses changes in the law. Jargon-free and accessibly written, this is an invaluable guide for professionals working in child and adolescent health and social care, social workers, youth workers, social welfare policy makers, medical professionals, teachers, educational professionals and students, as well as advocates for children and young people.

The Encyclopedia of Elder Care

The Comprehensive Resource on Geriatric and Social Care, Second Edition

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Author: Eugenia L. Siegler, MD, FACP,Elizabeth Capezuti, PhD, RN, FAAN,Mathy Mezey, EdD, RN, FAAN

Publisher: Springer Publishing Company

ISBN: 9780826103536

Category: Social Science

Page: 908

View: 9001

Focusing on the broad but practical notions of how to care for the patient, The Encyclopedia of Elder Care, a state-of-the-art resource features nearly 300 articles, written by experts in the field. Multidisciplinary by nature, all aspects of clinical care of the elderly are addressed. Coverage includes acute and chronic disease, home care including family-based care provisions, nursing home care, rehabilitation, health promotion, disease prevention, education, case management, social services, assisted living, advance directives, palliative care, and much more! Each article concludes with specialty web site listings to help direct the reader to further resources. Features new to this second edition: More extensive use of on-line resources for further information on topics Thoroughly updated entries and references Inclusion of current research in geriatrics reflecting evidence-based practice New topics, including Assisted Living, Nursing Home Managed Care, Self-Neglect, Environmental Modifications (Home & Institution), Technology, Neuropsychological Assessment, Psychoactive Medications, Pain--Acute and Chronic Still the only reference of it kind, The Encyclopedia of Elder Care will prove to be an indispensable tool for all professionals in the field of aging, such as nurses, physicians, social workers, counselors, health administrators, and more.

The Jurisdiction of Medical Law

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Author: Mr Kenneth Veitch

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409495973

Category: Law

Page: 174

View: 5307

This book offers a critical analysis of some of the guiding principles and assumptions that have been central to the development and identity of medical law. Focusing on several key cases in the field - including the 'Dianne Pretty' and 'Conjoined Twins' cases - the book scrutinizes the notions of autonomy and human rights, and explores the relationship between medical law and moral conflict. It also asks what role, if any, the courts might play in stimulating public debate about the ethics of controversial developments in medicine and biomedical science. This innovative book will be of interest to academics and students working in the areas of medical law, legal theory, bioethics and medical ethics. It will also appeal to those within the medical and health care professions seeking a critical analysis of the development and operation of medical law.

Soziologische Phantasie

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Author: C. Wright Mills

Publisher: Springer-Verlag

ISBN: 365810015X

Category: Social Science

Page: 325

View: 5624

Soziologische Phantasie, die erstmals 1963 erschienene deutsche Übersetzung von C. Wright Mills‘ The Sociological Imagination, darf zurecht als Meilenstein wissenschaftlich-politischer Debatten in den Vereinigten Staaten betrachtet werden und zählt auch heute noch zu einer der wichtigsten Selbstkritiken der Soziologie. Mills schlägt hier einen dritten Weg zwischen bloßem Empirismus und abgehobener Theorie ein: Er plädiert für eine kritische Sozialwissenschaft, die sich weder bürokratisch instrumentalisieren lässt noch selbstverliebt vor sich hin prozessiert, sondern gesellschaftliche Bedeutung erlangt, indem sie den Zusammenhang von persönlichen Schwierigkeiten und öffentlichen Problemen erhellt. Eben dies sei Aufgabe und Verheißung einer Soziologie, die sich viel zu häufig „einer merkwürdigen Lust an der Attitüde des Unbeteiligten“ hingebe.

Kumar and Clark's Clinical Medicine E-Book

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Author: Parveen Kumar,Michael L Clark

Publisher: Elsevier Health Sciences

ISBN: 070205304X

Category: Medical

Page: 1352

View: 3925

Kumar & Clark’s Clinical Medicine 8 builds on the prize-winning formula that won the first prize in the BMA Book Awards Medicine Category in 2010 (7th edition) and 2006 (6th edition). ‘This book is comprehensive, student friendly (if still intimidating in size!) and covers such a vast breadth of knowledge. It still remains the primary ‘must-have’ text book of any budding doctor, or qualified one at that. This book is stunning in its breadth and in its ease of use. It still remains as the ‘gold-standard’ thorough guide to clinical medicine its forefathers were.’ BMA Judges 2010 'This is one of a select few books that deserves to be in most doctors' personal possession and it's as simple as that. ...’ Dr Harry Brown. New to this edition: New chapter on palliative medicine. Five times the number of margin clinical photos. New echocardiography images. Double the number of dermatological images; including all the major lesion morphologies covered in a single page. 16 new authors. New sections on protein synthesis, energy production and stem cells. New members of the International Advisory Board from India, South Africa, Poland and the Middle East. 7 new online chapters from the International Advisory Board. Key online features: 30 extra short chapters online, written by members of the International Advisory Board to cover key international issues, such as malaria, envenoming and HIV. Animated practical procedures, including lumbar puncture, central venous and bladder catheterization, arterial cannulation etc. heart and lung sounds, and interactive surface anatomy available online. Full text online through StudentConsult. Add your own notes and bookmarks. Search across all the StudentConsult resources you own online in one place. New to this edition: New chapter on palliative medicine. Five times the number of margin clinical photos. New echocardiography images. Double the number of dermatological images; including all the major lesion morphologies covered in a single page. 16 new authors. New sections on protein synthesis, energy production and stem cells. New members of the International Advisory Board from India, South Africa, Poland and the Middle East. 7 new online chapters from the International Advisory Board.

Aging: Caring for Our Elders

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Author: David N. Weisstub,David C. Thomasma,S. Gauthier,G.F. Tomossy

Publisher: Springer Science & Business Media

ISBN: 9401706751

Category: Medical

Page: 244

View: 4320

Positive conceptions of ‘healthy aging’ are rightly displacing negative ageist perceptions of older members of our society. Nevertheless, at some stage, most elderly citizens will require some form of assistance from other members of society. When the body or mind begins to fail, a legitimate need for intervention and care will arise. This second volume on Aging discusses this theme.

Assessing Competence to Consent to Treatment

A Guide for Physicians and Other Health Professionals

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Author: Thomas Grisso,Paul S. Appelbaum

Publisher: Oxford University Press, USA

ISBN: 9780195103724

Category: Medical

Page: 211

View: 9739

One of the most challenging tasks facing clinicians today is the assessment of patients' capacities to consent to treatment. The protection of a patient's right to decide, as well as the protection of incompetent patients from the potential harm of their decisions, rests largely on clinicians' abilities to judge patients' capacities to decide what treatment they will receive. However, confusing laws and the complicated ethical issues surrounding the concept of competence to consent have made the process of competence assessment intimidating for many clinicians. Health professionals--physicians, medical students, residents, nurses, and mental health practitioners--have long needed a concise guidebook that translates the issues for practice. That is what this book accomplishes. This volume is the product of an eight-year study of patients' capacities to make treatment decisions--the most comprehensive research of its kind. The authors describe the place of competence in the doctrine of informed consent, analyze the elements of decision-making, and show how assessments of competence to consent to treatment can be conducted within varied general medical and psychiatric treatment settings. The book explains how assessments should be conducted and offers detailed, practice-tested interview guidelines to assist medical practitioners in this task. Numerous case studies illustrate real-life applications of the concepts and methods discussed. Grisso and Appelbaum also explore the often difficult process of making judgments about competence and describe what to do when patients' capacities are limited. A timely, practical handbook relevant to every medical specialty, Assessing Competence to Consent to Treatment will benefit a wide array of medical practitioners--including physicians, medical students, residents, nurses, and other allied health professionals--who need to assess the mental competence of patients in their everyday practice. It will also interest ethicists and moral philosophers, as well as geriatricians and clinical psychologists working with cognitively impaired patients.

Working With the Mental Capacity Act 2005

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Author: Steven Richards,Aasya Mughal

Publisher: BookBaby

ISBN: 1543934668

Category: Law

Page: 251

View: 8919

The Mental Capacity Act 2005 provides the legal framework for assessing whether a person has the mental capacity to make decisions and defines how others can make decisions on their behalf if they lack mental capacity. Its scope is wide-ranging involving decisions regarding social care, healthcare and financial matters. Working with the Mental Capacity Act 2005 (Third Edition) provides a clear and detailed explanation of the Act. It is written in an accessible style and is designed to be of maximum use to health and social care practitioners, enabling them to utilise the Act with confidence in daily practice.