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Author: Kelly Purser
Publisher: Springer
ISBN: 3319543474
Category : Law
Languages : en
Pages : 202
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Book Description
This book discusses theoretical issues, standards, and professional considerations arising when legal and health practitioners undertake legal capacity assessments in the context of wills, enduring powers of attorney and advance health directives. The potential loss of cognition can erode autonomy as individuals lose the ability to make their own legally recognised decisions. This is an inescapable problem with significant legal, social, health and policy repercussions. This work synthesises and critically analyses the existing literature, including some of the best assessment models and guiding principles internationally, to generate a new methodology and understanding of what capacity assessment best practice means. This includes the impact of assessments on individual autonomy - the ideal method building upon respect for both autonomy as well as fundamental human rights. The triggers to assess capacity, who to involve in the assessment process, as well as how to conduct that assessment process are discussed. The crucial relationship between the legal and health professionals involved in assessments, including growing concerns around practitioner liability, is also explored. This analysis is undertaken through the innovative use of a therapeutic jurisprudence lens, the effect of which is to contribute new knowledge to this complex field.
Author: Kelly Purser
Publisher: Springer
ISBN: 3319543474
Category : Law
Languages : en
Pages : 202
Get Book Here
Book Description
This book discusses theoretical issues, standards, and professional considerations arising when legal and health practitioners undertake legal capacity assessments in the context of wills, enduring powers of attorney and advance health directives. The potential loss of cognition can erode autonomy as individuals lose the ability to make their own legally recognised decisions. This is an inescapable problem with significant legal, social, health and policy repercussions. This work synthesises and critically analyses the existing literature, including some of the best assessment models and guiding principles internationally, to generate a new methodology and understanding of what capacity assessment best practice means. This includes the impact of assessments on individual autonomy - the ideal method building upon respect for both autonomy as well as fundamental human rights. The triggers to assess capacity, who to involve in the assessment process, as well as how to conduct that assessment process are discussed. The crucial relationship between the legal and health professionals involved in assessments, including growing concerns around practitioner liability, is also explored. This analysis is undertaken through the innovative use of a therapeutic jurisprudence lens, the effect of which is to contribute new knowledge to this complex field.
Author:
Publisher: American Bar Association
ISBN:
Category : Psychology
Languages : en
Pages : 152
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Book Description
Author: Janice A. Mackenzie
Publisher: Routledge
ISBN: 1000064158
Category : Psychology
Languages : en
Pages : 346
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Book Description
This practical, how-to handbook provides essential resources to help clinicians and other professionals assess mental capacity in key decisions. The book illustrates the basics of capacity assessments before discussing a variety of complex issues of which professionals will need to be aware. Offering expertise from a multi-disciplinary perspective, the book provides hands-on coverage of mental capacity law (concentrating on England and Wales). This book is accompanied by online resources including semi-structured interviews and a multi-disciplinary team (MDT) questionnaire which can be downloaded and used for clinical cases, as well as further examples, information and tips. Please visit www.assessingcapacity.com. Chapters are written by a variety of different professionals with extensive experience in the assessment of mental capacity. Coverage includes: Explanations of mental capacity law and how to put it into practice across a range of settings, services and populations A "how to" approach for administering assessments of mental capacity both for professionals who are new to the area and for more experienced professionals Information on practical aspects of assessing mental capacity for commonly occurring decisions and for more specialist and complex decisions Consideration of the best interests process and Liberty Protection Safeguards (LPS). With easily accessible information, case studies, examples from case law and internationally relevant discussions on ethical issues, this is the perfect companion to help busy professionals understand complex concepts relating to mental capacity.
Author: The British Medical Association
Publisher: The Law Society
ISBN: 1784460397
Category : Law
Languages : en
Pages : 351
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Book Description
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, clarifying the roles of professionals and providing an aid to communication both between them and with the person being assessed.Written by experts from a variety of disciplines, Assessment of Mental Capacity combines a precise statement of the law with a 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 Mental Capacity Act 2005 and the Code of Practice, and is an indispensable tool for health and legal professionals.
Author: British Medical Association
Publisher: John Wiley & Sons
ISBN: 0470757302
Category : Medical
Languages : en
Pages : 236
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Book Description
This guide on assessment of people with some sort of mental impairment is a broad ranging report produced jointly by the British Medical Association and the Law Society. It is an authoritative statement on an important area. Its wide ranging coverage makes it essential reading for these groups. The second edition has been revised throughout to bring it right up to date with present requirements.
Author:
Publisher:
ISBN: 9781922257802
Category : Capacity and disability
Languages : en
Pages : 174
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Book Description
"... Aims to assist people in correctly identifying whether an individual has the capacity to make their own decisions."--P. 6.
Author: United States. National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research
Publisher:
ISBN:
Category : Ethics, Medical
Languages : en
Pages : 614
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Book Description
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 66
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Book Description
Author: Lynn A. Schaefer
Publisher: Routledge
ISBN: 9781003137771
Category : Law
Languages : en
Pages : 220
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Book Description
"A Casebook of Mental Capacity in US Legislation: Assessment and Legal Commentary employs an applied and accessible approach to the assessment of mental capacity. Through the use of rich vignettes and case examples, the text provides legal commentary to illustrate state laws and ethical principles from varied decision-making capacities in distinct settings to fortify its assessment. The text begins by providing a background about decision-making capacity as a construct. It also provides practical guidance on capacity assessment germane to a broad range of clinical settings, including geropsychology, health psychology, and neuropsychology. It moves on to reviewing decision-making rights that make up capacity, and provides ethical guidelines along with drawing the practitioner's attention to the common pitfalls. The case presentations and legal commentary underline key areas such as the capacity to consent to medical treatment, make welfare decisions, enter into a sexual relationship, make financial decisions, create or revoke a will, litigate and contract, and stand trial. It also includes a chapter focusing on integrating culture and diversity in capacity evaluations with the aim of increasing the practitioner's competence"--
Author: Jennifer Moye
Publisher: American Psychological Association (APA)
ISBN: 9781433831546
Category : Law
Languages : en
Pages : 0
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Book Description
This book demonstrates how to address practical and ethical challenges when assessing older adults with neurocognitive disorders, like dementia. Expanding on the ABA/APA's Assessment of Older Adults with Diminished Capacity: A Handbook for Psychologists, it explores the tension between ensuring a client's autonomy while protecting them from harm, particularly when decision-making capacity or daily living skills are impaired. Chapters cover a range of complex issues in careful detail, including financial exploitation, undue influence, sexual consent, and medical aid in dying.
