Mental Capacity Act 2005 code of practice

Mental Capacity Act 2005 code of practice

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  • Author: Great Britain: Department for Constitutional Affairs
  • Publisher: The Stationery Office
  • ISBN: 9780117037564
  • Category : Law
  • Languages : en
  • Pages : 468

The Mental capacity Act 2005 provides a statutory framework for people who lack the capacity to make decisions for themselves, or for people who want to make provision for a time when they will be unable to make their own decisions. This code of practice, which has statutory force, provides information and guidance about how the Act should work in practice. It explains the principles behind the Act, defines when someone is incapable of making their own decisions and explains what is meant by acting in someone's best interests. It describes the role of the new Court of Protection and the role of Independent Mental Capacity Advocates and sets out the role of the Public Guardian. It also covers medical treatment and the way disputes can be resolved.


Caring for our future

Caring for our future

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  • Author: Great Britain: Department of Health
  • Publisher: The Stationery Office
  • ISBN: 9780101837828
  • Category : Medical
  • Languages : en
  • Pages : 72

Care and support affects a large number of people: eight out of 10 people aged 65 will need some care and support in their later years; some people have impairments from birth or develop them during their working life; some 5 million people care for a friend or relative, some for more than 50 hours a week. The current system does not offer enough support until a crisis point is reached, the quality of care is variable and inconsistent, and the growing and ageing population is only going to increase the pressure. Consequently, two core principles lie at the heart of this White Paper. The first is that individuals, communities and Government should do everything possible to prevent, postpone and minimise people's need for formal care and support. The system should be built around the promotion of people's independence and well-being. The second principle is that people should be in control of their own care and support, with personal budgets and direct payments, backed by clear, comparable information and advice that will allow individuals and their carers to make the choices that are right for them. This paper sets out the principles and approach, with sections covering: strengthening support within communities; housing; better information and advice; assessment, eligibility and portability for people who use care services; carers' support; defining high-quality care; improving quality; keeping people safe; a better local care market; workforce; personalised care and support; integration and joined-up care.


Overcoming Challenges in the Mental Capacity Act 2005

Overcoming Challenges in the Mental Capacity Act 2005

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  • Author: Camillia Kong
  • Publisher: Jessica Kingsley Publishers
  • ISBN: 178450548X
  • Category : Social Science
  • Languages : en
  • Pages : 178

This book provides mental capacity practitioners with accessible ethical guidance and applicable tools for applying the Mental Capacity Act (MCA) 2005. It shows how clients' relationships can impact their capacity in positive and negative ways, and which communication skills practitioners can use to enable and empower those with impairment. It also covers how to engage in self-reflection and transparent debate about values to improve the quality of assessments. Helping practitioners interpret complex issues of mental capacity in the most beneficial way for clients, this book is essential reading for students and practitioners of law, medicine, mental health services and social care.


Working with the Mental Capacity Act 2005

Working with the Mental Capacity Act 2005

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  • Author: Steven Richards
  • Publisher: Matrix Training Associates
  • ISBN: 9780955234903
  • Category : Capacity and disability
  • Languages : en
  • Pages : 54


A Practical Guide to the Mental Capacity Act 2005

A Practical Guide to the Mental Capacity Act 2005

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  • Author: Matthew Graham
  • Publisher: Jessica Kingsley Publishers
  • ISBN: 0857009400
  • Category : Social Science
  • Languages : en
  • Pages : 194

This book provides a theory-to-practice breakdown of the Mental Capacity Act 2005 and what its implications are for health and social care workers. Informative and accessible, it provides a clear depiction of the ethos behind the Act and offers instruction for its effective, lawful and person-centred application. This practical guide describes how to assess capacity and what a good assessment of capacity should look like, how to deal with conflicts and dilemmas, and the role of legal authority in decision-making. A Practical Guide to the Mental Capacity Act 2005 is an invaluable resource for any health and social care professionals working with individuals who lack decision-making capacity.


Blackstone's Guide to the Mental Capacity Act 2005

Blackstone's Guide to the Mental Capacity Act 2005

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  • Author: Peter Bartlett
  • Publisher: OUP Oxford
  • ISBN: 9780199239047
  • Category : Law
  • Languages : en
  • Pages : 0

The Mental Capacity Act 2005 introduced new powers allowing a variety of important decisions to be taken on behalf of persons lacking mental capacity. This edition has been updated to take account of the Mental Health Act 2007, Codes of Practice to the MCA 2005, Court of Protection Rules, features expanded analysis of the Bournewood decision.


Mental Capacity

Mental Capacity

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  • Author: Gordon Ashton
  • Publisher: Jordan Publishing (GB)
  • ISBN: 9781784734060
  • Category : Capacity and disability
  • Languages : en
  • Pages : 0

This new edition has been comprehensively revised by a team of experienced contributors to provide coverage of all the latest developments in legislation, procedure and case law, including: The reissued Court of Protection Rules (and accompanyingPractice Directions) which took effect in December 2017; The Law Commission Recommendations on Deprivation of Liberty; A completely new chapter on the important topic of Representation and Participation of P; An extensively updated chapter on the International Protection of Adults, with the addition of a new section on Ordinary Residence. Mental Capacity: Law and Practice provides an authoritative commentary, highlighting areas of potential difficulty and offering practical guidance on the challenges that the legislation poses. This book is essential reading for all private client lawyers, chancery practitioners, non-contentious lawyers, local authorities and healthcare professionals.


The Mental Capacity Act 2005

The Mental Capacity Act 2005

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  • Author: Robert A. Brown
  • Publisher: Learning Matters
  • ISBN: 1473934095
  • Category : Social Science
  • Languages : en
  • Pages : 321

The Mental Capacity Act 2005 and its accompanying Codes of Practice continue to have a huge impact on mental health professionals working with some of the most vulnerable people throughout England and Wales. Whether you are a Social Worker, Best Interest Assessor, Mental Health Nurse, Doctor, Psychiatrist or an Approved Mental Health Professional (AMHP), understanding the Mental Capacity Act and its implications for practice is essential and this indispensable guide will help you do just that. The Mental Capacity Act 2005 is designed to protect and empower individuals who may lack the mental capacity to make their own decisions about their care and treatment and this bestselling book will provide invaluable support to busy practitioners needing to draw on the Act in the following ways: - Sets out the full text of the main body of the Act for quick reference - Contains practical advice and checklists for working with the Act and the main principles and Codes of Practice - Shows how the Mental Health Act and Mental Capacity Act interact so that statutory requirements can be put into practice. Written in a style accessible to all professionals, this fully updated Third Edition has been revised and enlarged to incorporate revisions to the Mental Health Act Code of Practice 2015 and the crucial impact of the Supreme Court decisions in the Cheshire West cases.


Code of Practice

Code of Practice

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  • Author: Great Britain. Department of Health
  • Publisher: The Stationery Office
  • ISBN: 9780113228096
  • Category : Business & Economics
  • Languages : en
  • Pages : 396

This Code of Practice is a reference tool for those dealing with, and caring for people admitted to hospital and care homes with mental health problems. Authored by the Department of Health and produced following wide consultation with those who provide and receive services under the Mental Health Act, this publication will come into force on 3 November 2008. Through the Mental Health Act 2007, the Government has updated the 1983 Act to ensure it keeps pace with the changes in the way that mental health services are - and need to be - delivered. This publication provides guidance and advice to registered medical practitioners, approved clinicians, managers and staff of hospitals, and approved mental health professionals on how they should proceed when undertaking duties under the Act. It also gives guidance to doctors and other professionals about certain aspects of medical treatment for mental disorder more generally. The Mental Health Act Code of Practice is also aimed at all of those working in primary care, Mental Health Trusts, NHS Foundation Trusts as well as solicitors and attorneys who advise on mental health law. The Code should also be beneficial to the police and ambulance services and others in health and social services (including the independent and voluntary sectors) involved in providing services to people who are, or may become, subject to compulsory measures under the Act. It will also be a guide for those working with people with specific mental health needs such as those in nursing and care homes, and those in prison.


The Spaces of Mental Capacity Law

The Spaces of Mental Capacity Law

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  • Author: Beverley Clough
  • Publisher: Routledge
  • ISBN: 1000463834
  • Category : Law
  • Languages : en
  • Pages : 167

This book explores the conceptual spaces and socio-legal context which mental capacity laws inhabit. It will be seen that these norms are created and reproduced through the binaries that pervade mental capacity laws in liberal legal jurisdictions- such as capacity/incapacity; autonomy/paternalism; empowerment/protection; carer/cared-for; disabled/non-disabled; public/private. Whilst on one level the book demonstrates the pervasive reach of laws questioning individuals mental capacity, within and beyond the medical context which it is most commonly associated with, at a deeper and perhaps more important level it challenges the underlying norms and assumptions underpinning the very idea of mental capacity, and reflects outwards on the transformative potential of these realisations for other areas of law. In doing so, whilst the book offers lessons for mental capacity law scholarship in terms of reform efforts at both domestic and internationals levels, it also offers ways to develop our understandings of a range of linked legal, policy and theoretical concepts. In so doing, it offers new critical vantage points for both legal critique and conceptual change beyond mental capacity law. The book will be of interest to researchers in mental capacity law, disability law and socio-legal studies as well as critical geographers and disability studies scholars.