A Clinician’s Brief Guide to the Mental Capacity Act
Nick Brindle, Tim Branton, Alison Stansfield and Tony Zigmond
This easy-to-read book explains for
clinicians the nuts and bolts of the Mental Capacity Act 2005 that
they need to understand and use in their daily practice.
This Act now gives all clinicians the authority to provide medical
care and treatment for people over 16 years of age who lack the
capacity to consent for themselves.
- How to assess whether a person lacks
- The range, scope and limitations of the
various authorities to treat (including 'best interests’ decisions,
advance decisions and lasting powers of attorney).
- The range of safeguards in place (such as the
Deprivation of Liberty Safeguards (DoLs), the Court of Protection
and Independent Mental Health Advocates).
- Relevant aspects of the Human Rights Act
1998, the Mental Health Act (including all recent amendments) and
illustrative case law.
- This book is aimed at all clinicians (in
England and Wales) - especially those working with the elderly and
those with intellectual disabilities (this includes GPs,
nurses and the allied disciplines).
- It will also aid understanding for everyone
who helps care for people who cannot make decisions for themselves
(such as elderly relatives) or who wishes to make legal provision
for their own future care.
About the editors:
Dr Nick Brindle – Old Age Consultant Psychiatrist, The Mount
(Mental Health Centre), Leeds.
Dr Tim Branton - Old Age Consultant Psychiatrist, The Mount, Leeds
and a former Associate Medical Director for Mental Health
Legislation, Leeds and York Partnership NHS Foundation Trust.
Alison Stansfield – Consultant Psychiatrist, Parkside Lodge, Leeds
and Associate Medical Director for Learning Disabilities and
Clinical Lead for Leeds Autism Diagnostic Service Leeds and York
Partnership NHS Foundation Trust.
Tony Zigmond - Consultant Psychiatrist and retired Senior Clinical
Lecturer, University of Leeds.
Common abbreviations and terms
- The legal framework: the Mental
Capacity Act, the Human Rights Act and common law
- The Mental Capacity Act and the
authority to treat
- Assessment of capacity
- Best interests
- Alternative authority – planning for
- The Independent Mental Capacity
- Deprivation of Liberty
- The Court of Protection and Court
- The Mental Health Act