Assessment of mental capacity: a guide for doctors and lawyers

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; Appendix: 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.

Doctors, lawyers and other professionals often need to make an assessment of a person's mental capacity. This book helps to support these professionals 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 witha 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 and current good practice 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. 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.