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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Mental Capacity Act 2005 (Butterworths New Law Guide)

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ISBN13: 9781405725422
Published: May 2008
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Paperback
Price: £77.00

Low stock.

This latest addition to the popular Butterworths New Law Guide series provides a succinct analysis of the Mental Capacity Act 2005 including the full text of the Act.

It explains in detail key concepts of the new legislation and implication for practitioners, whilst identifying areas of potential difficulty and providing guidance in relation to particularly controversial areas of the Act.

Written by experts in the field, the book also answers common questions relating to capacity and provides practice points to ensure full guidance on the new law.

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Mental Health Law, Wills and Probate
1. General background and scheme of Act; i. Legislative background; ii. Who is affected?; iii. Decision-making scheme places CL on a statutory footing in relation to treatment and welfare decisions and extends it to cover property and affairs as well; iv. Bournewood gap;
v. Mental Health Act and deprivation of liberty; vi. Children; vii. International provisions and human rights;
2. The Act; i. Underlying principles; ii. Code of Practice; iii. Common questions of capacity and best interests in relation to all types of decisions and decision makers; iv. Protection for persons acting in connection with care or treatment of another person; v. Lasting power of attorney; vi. Advance decisions to refuse treatment; vii. Excluded decisions: marriage and family matters, Mental Health Act matters, voting; viii. Restrictions on research; ix. Independent mental capacity advocacy service; x. New court of protection, and its jurisdiction, public guardian, visitors, court deputies;
3. Practice points; i. Application to the court; ii. Instructing experts; draft letters of instruction; iii. Litigation friends, Provisions; iv. Access to personal information
Code of Practice