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

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.