Research Abstracts: New rules on mental capacity

TITLE: Rights and responsibilities
AUTHOR: Puri, Aarti
REFERENCE: Viewpoint, Nov/Dec 2007, pp.22-23

This article answers key questions about the Mental Capacity Act 2005, focusing on the new Court of Protection, making  advance decisions about treatment and a new criminal offence of ill-treatment or neglect of a person who lacks capacity.

TITLE: Advance decisions under the Mental Capacity Act 2005
AUTHOR: Curran, Christopher; Grimshaw, Catherine
REFERENCE: Openmind, Issue 146, July/August 2007, pp.24-25

The Mental Capacity Act introduces into legislation for the first time recognition that individuals may make decisions in relation to their future care and treatment in advance of the time when it may be needed. This article summarises key areas of the Mental Capacity Act and the Mental Capacity Act Code of Practice 2007.

TITLE: Mental capacity: the new law
EDITOR: Ashton, Gordon
PUBLISHER: Bristol: Jordan, 2006. 411p

The Mental Capacity Act introduces a major overhaul of the existing law in this area. Key provisions contained in the Act include: the introduction of new principles governing the assessment of capacity; a best interests checklist for people acting on behalf of others; the creation of lasting powers of attorney; court powers to appoint deputies to make decisions on behalf of persons lacking capacity; a statutory framework for making advance decisions to refuse medical treatment; new powers for the Court of Protection and the Public Guardian. This book provides a commentary on both law and procedure, highlighting areas of potential difficulty and offering practical guidance on the challenges that the legislation poses. It includes the text of the Mental Capacity Act 2005.



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