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Vol 23 No 5 May/June 2018

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This book is now Out of Print.
A new edition was published, see:
Mental Capacity: Law and Practice 2nd ed isbn 9781846613135

Mental Capacity: The New Law

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ISBN13: 9780853089766
ISBN: 0853089760
New Edition ISBN: 9781846613135
Published: March 2006
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Paperback
Price: Out of print

The Mental Capacity Act 2005 constitutes one of the most important pieces of legislation for many years and introduces a major overhaul of the existing law in this area. Key provisions contained in the Act include:-

  • The introduction of new principles governing the assessment of capacity
  • A best interests checklist for people acting on behalf of others
  • The creation of lasting powers of attorney
  • Court powers to appoint deputies to make decisions on behalf of persons lacking capacity
  • A statutory framework for making advance decisions to refuse medical treatment
  • New powers for the Court of Protection and the Public Guardian
Mental Capacity: The New Law provides an authoritative commentary on both law and procedure, highlighting areas of potential difficulty and offering practical guidance on the challenges that the legislation poses. This book is essential reading for all private client lawyers, chancery practitioners and non-contentious lawyers generally. It includes the text of the Mental Capacity Act 2005.

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Mental Health Law, Wills and Probate
The New Jurisdiction
Lasting Powers of Attorney
Powers of the Court
Health Care
Independent Consultation
The Court of Protection
The Public Guardian
Appendix - Mental Capacity Act 2005