Mental Capacity Law and Practice

March 2006: Publication Abandoned
Endorsed by Solicitors for the Elderly (SFE), this book provides practitioners with expert guidance on the law and practice of mental capacity following the significant reforms introduced by the Mental Capacity Act 2005 and Code of Practice. Although the changes will not be in force until 2007/2008, this is essential reading for practitioners needing to prepare for them in advance.

Written by a team of contributors from the membership of SFE and other leading experts in the field of mental capacity, this book is much more than just a narrative to the Act and explains in comprehensive detail how the reforms are intended to work in practice and how they will impact on every day dealings with clients. The book includes a detailed examination of capacity and the test for its assessment, the new system of court appointed deputies who will now be able to take decisions on welfare, healthcare and financial matters, and the reformed Court of Protection with its increased jurisdiction and new procedures. Particular prominence is also given to lasting powers of attorney that will replace enduring powers of attorney. The book also discusses the statutory rules for advance directives and medical research that are new areas for the practitioner to consider. The authors will give their considered opinion on all these areas of reform together with practical advice and tips for the busy lawyer.

The text includes helpful case studies, worked examples, precedents, forms and practice procedures, and includes the full text of the Mental Capacity Act 2005 and Code of Practice. Written in a user-friendly and highly practical way, and to be updated on a regular basis, this book is set to become the key reference work for all lawyers involved with the management of estates and interests of clients lacking mental capacity.