"The Blackstone's Guide Series" delivers concise and accessible books covering the latest legislative changes and amendments. Published within weeks of the Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Mental Capacity Act 2005 comes into force in 2007 and radically reforms the law under which decisions will be made for those who lack mental capacity. Changes are wide-ranging and significant and include: a new functional capacity test; the primacy of 'best interests'; the creation of a new Court of Protection; and a new criminal offence of ill-treatment or wilful neglect. This practical guide contains a copy of the Act and examines both the impact of the changes introduced and the principles and key concepts. It is an invaluable resource for all practitioners working in this complex area.
Table of Contents
1. The Demise of Parens Patriae and the Legal Lacuna; 2. The Law Commission Proposals and the Road to Legislative Reform; 3. The Development of the Common Law; 4. The Legislative Structure and the Code of Practice; 5. The Overall Picture; 6. The Priniciples and the Meaning of Incapacity; 7. Best Interests; 8. A General Defence in Civil and Criminal Law, and Contracts for Necessary Goods and Services; 9. Lasting Powers of Attorney; 10. The Powers od the Court, and Appointment of Deputies; 11. Research Relating to People Lacking Capacity; 12. Independent Mental Capacity Advocate Service; 13. Ill-treatment or Neglect of Persons Lacking Capacity; 14. The Court of Protection; 15. The Bournewood Problem; 16. Interface with the Mental Health Act; 17. Continuation of the Common Law; APPENDIX: MENTAL CAPACITY ACT 2005
Peter Bartlett is Nottinghamshire Healthcare NHS Trust Professor of Mental Health Law at the University of Nottingham. He has written and contributed to a wide array of publications in the field including Mental Health Law: Policy and Practice 2/e (co-authored with Ralph Sandland, published by OUP, 2003); Mental Health Law: The Advocates' Manual 2/e (Toronto, Community Legal Education, 1988); and Involuntary Detention and Civil Commitment (contributor, ed. Diesfield & Freckelton, Ashgate, 2003).