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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Mental Capacity: A Guide to the New Law 2nd ed

ISBN13: 9781853286797
Previous Edition ISBN: 1853289035
Published: September 2008
Publisher: Law Society Publishing
Country of Publication: UK
Format: Paperback
Price: £60.00

Despatched in 4 to 6 days.

Since Royal Assent, the Mental Capacity Act 2005 has been supplemented by regulations, supported by a Code of Practice, and strengthened with the ‘deprivation of liberty’ safeguards. Since the first edition, substantial regulations have been made to bring the Act into force, including:-

  • Lasting Powers of Attorney, Advance Decisions, and Deputies
  • the Office of the Public Guardian,
  • the Court of Protection, and
  • the Independent Mental Capacity Advocate service.
In addition to these regulations, the Mental Health Act 2007 inserts in the Act new provisions to close the ‘Bournewood gap’ following HL v. the United Kingdom.

The second edition of this popular guide to the law of mental capacity greatly expands the clear explanation and analysis by experienced practitioners to cover all the changes to statute, case law, and guidance since the Act gained Royal Assent. All of the essential documents practitioners need to fulfil their role acting for clients, creating documents, and advising others of their rights, duties and obligations under the Act are reproduced in an invaluable appendix.

Mental Health Law, Wills and Probate
1. Introduction
2. The principles
3. Mental capacity and best interests
4. Lasting powers of attorney
Section 5 acts and limitations
6. Powers of the Court of Protection
7. Advance decisions to refuse treatment
8. Research
9. Independent Mental Capacity Advocate Service
10. Ill-treatment or neglect
11. The Court of Protection
12. The Public Guardian.
A. Mental Capacity Act 2005 (as amended)
B. Commencement Order
C. LPA Regulations
D. Code of Practice
E. Law Society’s Practice Note.