A Clinician's Brief Guide to the Mental Capacity Act (2nd edn)
Nick Brindle, Tim Branton, Alison Stansfield and Tony Zigmond
This easy-to-read book explains the nuts and bolts of the
Mental Capacity Act 2005 that clinicians 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 capacity
and how to clarify the threshold of decision-making
- 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.
There have been numerous
developments in case law in the two years since the first
edition. The second edition expands on clinically relevant
issues from the courts, and assists in bridging the gap between
court judgments and the frontline clinician.
- 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.
See other titles on mental
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
Dr Alison Stansfield – Consultant Psychiatrist,
Aire Court Community Unit, Leeds and Associate Medical
Director for Learning Disabilities and Clinical Lead for Leeds
Autism Diagnostic Service Leeds and York Partnership NHS Foundation
Dr Tony Zigmond - Consultant Psychiatrist and
retired Senior Clinical Lecturer, University of Leeds.
"Has much to commend it to audiences from medical, social work,
and legal disciplines ... will be useful for anyone unfamiliar with
this area of law and who wants a clearly written and basic overview
of the provisions of the Mental Capacity Act 2005."
- Medical Law Review
"The guide is suitable for all grades of doctors and all
specialties, not just psychiatry. It is also ideal for medical and
nursing students. ... The book has copious amounts of practical
advice for clinicians throughout, and at times uses a common sense
question-and-answer format with questions that clinicians are
likely to pose, which reflects real-life practice. ...All in all,
this is an excellent guide which would aid those involved in care
touching upon use of the MCA."
- BJPsych Bulletin
Preface to the first edition
Preface to the second edition
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
- Assessment of capacity
- Best interests
- Alternative authority – planning for the
- Independent Mental Capacity Advocates and
regulation of research
- Deprivation of Liberty Safeguards
- The Court of Protection, clinically relevant
judgments from the courts and writing reports
- The Mental Health Act