"INTERNET LAW BOOK REVIEWS", Provided by Rob Jerrard LLB LLM
The Royal College of Psychiatrists books Reviewed in 2015
A Clinician's Brief Guide to the Mental Capacity Act
Edition: 2nd 2015
Authors: Nick Brindle, Tim Branton, Alison Stansfield and Tony Zigmond
Publishers: The Royal College of Psychiatrists
Publication Date: Jul 2015
Publisher's Title Information
This easy-to-read book explains the nuts and bolts of the Mental Capacity Act 2005 that clinicians need to understand and use in their daily practice. This Act now gives all clinicians the authority to provide medical care and treatment for people over 16 years of age who lack the capacity to consent for themselves.
How to assess whether a person lacks capacity and how to clarify the threshold of decision-making incapacity.
The range, scope and limitations of the various authorities to treat (including 'best interests' decisions, advance decisions and lasting powers of attorney).
The range of safeguards in place (such as the Deprivation of Liberty Safeguards (DoLs), the Court of Protection and Independent Mental Health Advocates).
Relevant aspects of the Human Rights Act 1998, the Mental Health Act (including all recent amendments) and illustrative case law.
Therebeendevelopments inlaw in theyears since the first edition.second edition expands on clinically relevant issues from the courts, and assists in bridging the gap between court judgments and the frontline clinician.
This book is aimed at all clinicians (in England and Wales) - especially those working with the elderly and those with intellectual disabilities (this includes GPs, nurses and the allied disciplines). It will also aid understanding for everyone who helps care for people who cannot make decisions for themselves (such as elderly relatives) or who wishes to make legal provision for their own future care.
About the editors:
Dr Nick Brindle - Old Age Consultant Psychiatrist, The Mount (Mental Health Centre), Leeds.
Dr Tim Branton - Old Age Consultant Psychiatrist, The Mount, Leeds and a former Associate Medical Director for Mental Health Legislation, Leeds and York Partnership NHS Foundation Trust.
Dr Alison Stansfield - Consultant Psychiatrist, Aire Court Community Unit, Leeds and Associate Medical Director for Learning Disabilities and Clinical Lead for Leeds Autism Diagnostic Service Leeds and York Partnership NHS Foundation Trust.
Dr Tony Zigmond - Consultant Psychiatrist and retired Senior Clinical Lecturer,University of Leeds.
Preface to the first edition
Preface to the second edition
Common abbreviations and terms
The legal framework: the Mental Capacity Act, the Human Rights Act and common law
The Mental Capacity Act and the authority to treat
Assessment of capacity
Alternative authority - planning for the future
Independent Mental Capacity Advocates and regulation of research
Deprivation of Liberty Safeguards
The Court of Protection, clinically relevant judgments from the courts and writing reports
The Mental Health Act
Preface to 2nd Edition
Compared with the Mental Health Act, the Mental Capacity Act is newer, the scope so much wider and, consequently, the case law remains in a relatively accelerated state of evolution. The output from the Court of Protection has been copious and two important cases relating to the Mental Capacity Act have come before the Supreme Court. In this second edition we have therefore included more in the way of clinically relevant issues that have emerged from the courts since first publication in order to bridge the gap between court judgments and the practising clinician.
The main topics thathave been updated in this edition are:
The interface between the Mental Health Act and the Mental capacity Act, identifying the appropriate legal authority to use in clinical decision-making and clarifying the margins of the doctrine of necessity
The Supreme Court judgment in relation to 'Cheshire West', how this affects the threshold of what is considered deprivation of liberty and the implications of the judgment on health and social care practice
Assessment of capacity and clarifying the threshold of decision-making incapacity
The guidance for clinicians who may become involved in Court of Protection proceedings, which we have expanded and clarified with 11 explanation of specific areas of clinically relevant case law.