Subjects:

Medical Law, Family Law

Contents:

Background

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

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.