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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Assessment of Mental Capacity: A Practical Guide for Doctors and Lawyers 5th ed isbn 9781784461362

Assessment of Mental Capacity: A Practical Guide for Doctors and Lawyers 4th ed

Edited by: Alex Ruck Keene

ISBN13: 9781784460389
New Edition ISBN: 9781784461362
Previous Edition ISBN: 9781853287787
Published: October 2015
Publisher: Law Society Publishing
Country of Publication: UK
Format: Paperback
Price: Out of print

Also available as

The implementation of the Mental Capacity Act 2005 has been found by a House of Lords Select Committee to suffer from a lack of awareness and understanding among professionals, and consequently from failure to follow the duties imposed on them by the Act. This book aims to support doctors and lawyers by giving them:-

  • a fuller understanding of the law in all situations where an assessment of capacity may be needed
  • clarification of the roles of both professions
  • an aid to communication both between them and with the person being assessed.
Written by experts from a variety of disciplines, this book combines a precise statement of the law with a practical, jargon-free approach to provide guidelines on a range of issues, from capacity to form intimate personal relationships to capacity to consent to medical treatment. The fourth edition has been updated and expanded to take account of:

  • recent case law
  • revision of the Mental Health Act 1983: Code of Practice
  • the rising prominence of the United Nations Convention on the Rights of Persons with Disabilities
  • current good practice.
It provides an essential source of guidelines and information, including extracts from the Act and the Code of Practice and is an indispensable tool for health and legal professionals.

Mental Health Law, Wills and Probate
Part I Introduction:
1. The law, practice and this book
2. Professional and ethical issues

Part II Legalprinciples:
3. The Mental Capacity Act 2005: capacity and best interests
4. The legal principles: capacity andevidence
Part III Legal tests of capacity:
5. Capacity to deal with financial affairs
6. Capacity to make awill
7. Capacity to make a gift
8. Capacity to litigate
9. Capacity to enter into a contract
10. Capacity tovote
11. Capacity and personal relationships
12. Capacity to consent: the criminal law and sexual offences
13. Capacity to consent to and refuse medical treatment and procedures
14. Capacity to consent to researchand innovative treatment
15. Capacity and the deprivation of liberty
16. Capacity and the Mental HealthAct
Part IV Practical aspects of the assessment of mental capacity:
17. Practical guidelines for doctors
18. Practical guidelines for lawyers

A. Mental Capacity Act 2005, ss.1–6
B. Mental Capacity Act2005: Code of Practice, Chapters 2–4
C. Court of Protection
D. Court of Protection Practice Direction 9E:Applications relating to serious medical treatment
E. The Official Solicitor
F. Certificate as to capacity toconduct proceedings (Official Solicitor)
G. COP3 Assessment of Capacity and Guidance Notes
H. Sampleletter to a GP requesting evidence of testamentary capacity
I. Addresses
J. Further reading.