Assessment of Mental Capacity

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Author: The British Medical Association

Publisher: The Law Society

ISBN: 1784460397

Category: Law

Page: 368

View: 2962

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.

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: 6047

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.

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: 3727

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.

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: 5210

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.)

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: 9033

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.

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: 9930

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.

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: 9929

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.

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: 5163

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.

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: 9586

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

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: 5959

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.

Mental Capacity Casebook

Clinical Assessment and Legal Commentry

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Author: Tracey Ryan-Morgan

Publisher: Routledge

ISBN: 9781138097926

Category:

Page: 264

View: 7845

The Mental Capacity Act 2005 (MCA) provides a legal framework for acting on behalf of individuals who lack the capacity to make decisions for themselves. The Mental Capacity Casebook showcases numerous real-life case studies in accordance to this Act. Through the exploration of various mental capacity assessments, this book highlights the psychological needs of the individuals who are supported and protected by the MCA. Dr. Tracey Ryan-Morgan, a Consultant Clinical Neuropsychologist, is the first to bridge the gap between the individual's psychological requirements and the legal framework surrounding them. Not only does this book present true, often complex, mental capacity assessments, it does so with legitimate corresponding commentaries. Each case outlines the presented problem along with its background, social context, psychological matters, the overriding opinion and concluding learning points. This book provides a unique standpoint, offering insight into the complexities of the Act and practical guidance on how to conduct assessments. It serves as essential reading for those looking for guidance whilst making complex capacity decisions, such as Clinical Neuropsychologists, Social Workers, and Legal Professionals.

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: 6658

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.

Retrospective Assessment of Mental States in Litigation

Predicting the Past

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Author: Robert I. Simon,Daniel W. Shuman

Publisher: American Psychiatric Pub

ISBN: 9781585627790

Category: Medical

Page: 496

View: 2069

"Why did the defendant do it?" Mental health professionals are asked to help courts answer this question. To serve justice, the law calls for evidence of the mental state at the time a crime is committed, of suicide intent in civil litigation, and of mental capacity in contract litigation. The law asks psychiatrists and psychologists to retrospectively determine mental states -- a daunting task made even more difficult by the passage of time, the uncertain credibility of witnesses, the paucity of collateral sources of information, and often the death of the person in question. This is the first book dedicated entirely to the retrospective assessment of mental states. This fascinating book explores the role of the psychiatrist and psychologist, as an expert witness in litigation, in rendering a retrospective judgment of an individual's mental state. Distinguished contributors apply their expertise in psychiatry, psychology, and the law to address the problems of retrospective assessment. With the goal of developing guidelines for more accurate retrospective assessment of mental states, they present topics such as Guidelines for conducting retrospective assessments in children and adults Guidelines for the retrospective assessment without benefit of direct examination Assessments of suicide cases in both civil and criminal litigation Psychological testing and interviewing techniques that may assist in retrospective assessment Methods and analysis to help clinicians and attorneys critically evaluate the search for "truth" about the past. This remarkable book will prove indispensable for helping clinicians, lawyers, and judges better understand the complex and difficult process of retrospective reconstruction of mental states.

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: 9839

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.

Safeguarding Adults

Scamming and Mental Capacity

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Author: Lee-Ann Fenge,Sally Lee,Keith Brown

Publisher: Learning Matters

ISBN: 1526425734

Category: Social Science

Page: 160

View: 938

Provides busy social work and health care practitioners with an accessible guide to adult safeguarding in the context of mental capacity and financial abuse. Drawing on evidence and contemporary examples from practice this book will help readers understand the new landscape of safeguarding adults since the implementation of the Care Act 2014 and the introduction of Adult Safeguarding Boards. There are chapters on the current political landscape of adult social work, specific issues and contexts that make people vulnerable (social isolation, mental capacity, dementia), and important methods of assessment and intervention. A range of pedagogical features are also used to aid learning and understanding including the use of case studies, reflection points, brief exercises and further reading.

Soziologische Phantasie

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Author: C. Wright Mills

Publisher: Springer-Verlag

ISBN: 365810015X

Category: Social Science

Page: 325

View: 9462

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.

Mental Health and Mental Capacity Law for Social Workers

An Introduction

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Author: Simon Godefroy

Publisher: Learning Matters

ISBN: 1473934133

Category: Social Science

Page: 192

View: 1255

Many social work students find the study of mental health legislation a complex and at times challenging process. Acts of law can seem irrelevant and far-removed from everyday practice and the person-centred approach that many social workers take. This book introduces students to the fundamental principles of mental health law and how they can be applied to everyday practice. There are clear introductions to key Acts such as the Mental Capacity Act and the Mental Health Act as well as the relevant Codes of Practice. These introductions, applied to social work case examples from practice, make this book a perfect key text for the social work law module. Students will see that mental health law doesn't exist in a vacuum and instead develops and evolves through constant interaction with the fundamental principles of sound social work practice.

Legal Aspects of Occupational Therapy

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Author: Bridgit C. Dimond

Publisher: John Wiley & Sons

ISBN: 1444348167

Category: Medical

Page: 680

View: 9769

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.