Legal Aspects of Mental Capacity

Legal Aspects of Mental Capacity PDF Author: Bridgit C. Dimond
Publisher: John Wiley & Sons
ISBN: 1119045347
Category : Law
Languages : en
Pages : 390

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Book Description
Highly Commended in Health and social care in the 2017 BMA Medical Book Awards The Mental Capacity Act (2005) regulates decision making processes on behalf of adults who are unable to give informed consent, due to a loss in mental capacity (be that from birth, or due to an illness or injury at some point in their lives). Since the Act’s original conception the new Court of Protection is now firmly established, and there have been significant Supreme Court cases, as well as further guidance on the 2005 Act and major developments in the use and assessment for Deprivation of Liberty Safeguards. Thoroughly updated to take account of the many updates, developments and changes in legislation and guidance, the new edition of Dimond’s authoritative guide will be warmly welcome by practitioners and students who need to understand and work within the Mental Capacity Act, and how it applies to their professional responsibilities. A highly practical guide to the Mental Capacity Act and its provisions since its conception in 2005 Relevant for a wide range of practitioners and students within health and social care Highly readable and easily accessible, even for those with no legal background Includes a range of learning features, including scenarios, questions and answers, key summary points, and applications for practice. Legal Aspects of Mental Capacity is an essential resource for all healthcare and social services professionals, students patient services managers and carers working with those who lack the capacity to make their own decisions.

Legal Aspects of Mental Capacity

Legal Aspects of Mental Capacity PDF Author: Bridgit C. Dimond
Publisher: John Wiley & Sons
ISBN: 1119045347
Category : Law
Languages : en
Pages : 390

Get Book Here

Book Description
Highly Commended in Health and social care in the 2017 BMA Medical Book Awards The Mental Capacity Act (2005) regulates decision making processes on behalf of adults who are unable to give informed consent, due to a loss in mental capacity (be that from birth, or due to an illness or injury at some point in their lives). Since the Act’s original conception the new Court of Protection is now firmly established, and there have been significant Supreme Court cases, as well as further guidance on the 2005 Act and major developments in the use and assessment for Deprivation of Liberty Safeguards. Thoroughly updated to take account of the many updates, developments and changes in legislation and guidance, the new edition of Dimond’s authoritative guide will be warmly welcome by practitioners and students who need to understand and work within the Mental Capacity Act, and how it applies to their professional responsibilities. A highly practical guide to the Mental Capacity Act and its provisions since its conception in 2005 Relevant for a wide range of practitioners and students within health and social care Highly readable and easily accessible, even for those with no legal background Includes a range of learning features, including scenarios, questions and answers, key summary points, and applications for practice. Legal Aspects of Mental Capacity is an essential resource for all healthcare and social services professionals, students patient services managers and carers working with those who lack the capacity to make their own decisions.

Legal Aspects of Mental Capacity

Legal Aspects of Mental Capacity PDF Author: Bridgit C. Dimond
Publisher: Wiley-Blackwell
ISBN: 9781405133593
Category : Medical
Languages : en
Pages : 0

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Book Description
The Mental Capacity Act (2005) governs decision-making processes on behalf of adults who are unable to give informed consent, whether they lose mental capacity at some point in their lives due to illness or injury or where the incapacitating condition has been present since birth. Legal Aspects of Mental Capacity will assist practitioners in understanding the basic provisions of the Act and how it applies to their professional responsibilities. It is also intended to be of assistance to the many carers who find themselves in the position of needing to make decisions on behalf of mentally incapacitated relatives and friends. Each chapter sets out the basis provisions, followed by a series of scenarios dealing with practical concerns which are discussed in the light of the new legislation. • A practical guide to the provisions of the Mental Capacity Act 2005 • Easily accessible for those with no legal background • Includes scenarios illustrating different legal points • Explores the background to the legislation, including determination of capacity and the definition of best interests Legal Aspects of Mental Capacity is an essential resource for all healthcare and social services professionals, patient services managers and carers working with those who lack the capacity to make their own decisions.

Mental Health, Legal Capacity, and Human Rights

Mental Health, Legal Capacity, and Human Rights PDF Author: Michael Ashley Stein
Publisher: Cambridge University Press
ISBN: 1108838855
Category : Law
Languages : en
Pages : 451

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Book Description
Provides practical solutions for ending coercion in mental health care and realizing the universal right to legal capacity.

The Spaces of Mental Capacity Law

The Spaces of Mental Capacity Law PDF Author: Beverley Clough
Publisher: Routledge
ISBN: 1000463834
Category : Law
Languages : en
Pages : 167

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Book Description
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.

Legal Aspects of Mental Capacity

Legal Aspects of Mental Capacity PDF Author: Bridgit C. Dimond
Publisher: John Wiley & Sons
ISBN: 047069808X
Category : Medical
Languages : en
Pages : 448

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Book Description
The Mental Capacity Act (2005) governs decision-making processes on behalf of adults who are unable to give informed consent, whether they lose mental capacity at some point in their lives due to illness or injury or where the incapacitating condition has been present since birth. Legal Aspects of Mental Capacity will assist practitioners in understanding the basic provisions of the Act and how it applies to their professional responsibilities. It is also intended to be of assistance to the many carers who find themselves in the position of needing to make decisions on behalf of mentally incapacitated relatives and friends. Each chapter sets out the basis provisions, followed by a series of scenarios dealing with practical concerns which are discussed in the light of the new legislation. • A practical guide to the provisions of the Mental Capacity Act 2005 • Easily accessible for those with no legal background • Includes scenarios illustrating different legal points • Explores the background to the legislation, including determination of capacity and the definition of best interests Legal Aspects of Mental Capacity is an essential resource for all healthcare and social services professionals, patient services managers and carers working with those who lack the capacity to make their own decisions.

Legal Issues in Mental Health Care

Legal Issues in Mental Health Care PDF Author: B.A. Weiner
Publisher: Springer Science & Business Media
ISBN: 1489916547
Category : Law
Languages : en
Pages : 423

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Book Description
I. OVERVIEW Legal Issues in Mental HeaIth Care is aimed at the mental health clinician who provides services on either an inpatient or an outpatient basis. It is written for psychiatrists, psychologists, social workers, nurses, and other therapists to help them understand and manage legal issues in their daily practice. The issues covered apply to therapists who work for an agency or hospital as weil as those who work independently. The book is meant to serve as a handbook, but it also provides a quick resource as legal questions arise which are related to the obligations of the therapist. It ad dresses the legal issues that confront the clinician. It is not aimed at the clinicianwho specializes in forensie mental health issues, because the information provided does not reach that level of detail or sophistication. Nor is it aimed at the scholar, because our goal is to provide practical information in a clear and concise format. Wehave not addressed the wide array of laws protecting the mentally disabled from discrirnina tion-most notably, the Americans with Disabilities Act (1990)and the Fair Housing Act. Most states also have laws that prohibit discrimination in employment, services, and housing. These issues are beyond the scope of this book because we are address ing the legal issues that arise in providing care, rather than the rights of mentally disabled persons. 11. ORGANIZATION OF THE BOOK The book consists of eleven chapters and a Glossary of Legal Terms.

Mental Capacity

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

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Book Description
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.

Ethical Issues in Mental Health

Ethical Issues in Mental Health PDF Author: Steve Baldwin
Publisher: Springer
ISBN: 1489932704
Category : Medical
Languages : en
Pages : 217

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Book Description
Why write another book on ethics? As practitioners we are involved both in the design and delivery of services to people with mental health problems. In common with all other professionals, our work has led to the experience of ethical dilemmas: typically, these have involved major confrontations, either with our col leagues or our consciences. This book, however, is not limited to a discussion of such major themes. Rather, we have tried to use a broader canvas: ethics, in our view, is really about the judgement of right and wrong in ordinary, everyday life. Ethics are highly personal: we fashion our own personal code from our experi ence of others, and from the 'tests' which bring meaning to our lives. Such experiences shape our individual values. We bring these codes and values to our work. We are not always aware of their influence in our dealings with people. Although we may not always be aware of it, all our actions pose an ethical question. Given that our work involves us in helping others to live ordinary, satisfying lives, this challenge heightens the intensity of our ethical dilemmas. This is most evident where our personal code conflicts with the implicit code of the health setting.

Mental Capacity: Medical and Legal Aspects of the Aging

Mental Capacity: Medical and Legal Aspects of the Aging PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 372

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Book Description


Improving the Quality of Health Care for Mental and Substance-Use Conditions

Improving the Quality of Health Care for Mental and Substance-Use Conditions PDF Author: Institute of Medicine
Publisher: National Academies Press
ISBN: 0309133661
Category : Medical
Languages : en
Pages : 528

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Book Description
Each year, more than 33 million Americans receive health care for mental or substance-use conditions, or both. Together, mental and substance-use illnesses are the leading cause of death and disability for women, the highest for men ages 15-44, and the second highest for all men. Effective treatments exist, but services are frequently fragmented and, as with general health care, there are barriers that prevent many from receiving these treatments as designed or at all. The consequences of this are seriousâ€"for these individuals and their families; their employers and the workforce; for the nation's economy; as well as the education, welfare, and justice systems. Improving the Quality of Health Care for Mental and Substance-Use Conditions examines the distinctive characteristics of health care for mental and substance-use conditions, including payment, benefit coverage, and regulatory issues, as well as health care organization and delivery issues. This new volume in the Quality Chasm series puts forth an agenda for improving the quality of this care based on this analysis. Patients and their families, primary health care providers, specialty mental health and substance-use treatment providers, health care organizations, health plans, purchasers of group health care, and all involved in health care for mental and substanceâ€"use conditions will benefit from this guide to achieving better care.