Book contents
- Mental Capacity Legislation
- Mental Capacity Legislation
- Copyright page
- Contents
- Contributors
- Foreword
- Preface
- Editors’ Note
- Chapter 1 Introduction
- Chapter 2 The Assessment of Mental Capacity
- Chapter 3 Best Interests
- Chapter 4 Deprivation of Liberty Safeguards: Past, Present and Future
- Chapter 5A Mental Capacity Act Application: Hospital Settings
- Chapter 5B Mental Capacity Act Application: Social Care Settings
- Chapter 6 Mental Capacity and End of Life Decision-Making
- Chapter 7 Clinical Ambiguities in the Assessment of Capacity
- Index
- References
Chapter 1 - Introduction
Published online by Cambridge University Press: 17 June 2019
Book contents
- Mental Capacity Legislation
- Mental Capacity Legislation
- Copyright page
- Contents
- Contributors
- Foreword
- Preface
- Editors’ Note
- Chapter 1 Introduction
- Chapter 2 The Assessment of Mental Capacity
- Chapter 3 Best Interests
- Chapter 4 Deprivation of Liberty Safeguards: Past, Present and Future
- Chapter 5A Mental Capacity Act Application: Hospital Settings
- Chapter 5B Mental Capacity Act Application: Social Care Settings
- Chapter 6 Mental Capacity and End of Life Decision-Making
- Chapter 7 Clinical Ambiguities in the Assessment of Capacity
- Index
- References
Summary
The Mental Capacity Act 2005 (MCA) received Royal Assent in April 2005, coming into force during 2007 (MCA, 2005). The MCA incorporates into statute, principles and practices that had been established, through case law, over the years. It sets out how mental capacity is defined in law and how ‘best interests’ should be ascertained when a person lacks the requisite capacity to make the decision in question.
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- Mental Capacity LegislationPrinciples and Practice, pp. 1 - 12Publisher: Cambridge University PressPrint publication year: 2019
References
References
Alghrani, A., Case, P. & Fanning, J. (2016) Editorial: The Mental Capacity Act 2005 – ten years on. Medical Law Review, 24, 311–317.Google Scholar
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BMA Consent to Treatment: Adults with Capacity. www.bma.org.uk/advice/employment/ethics/medical-students-ethics-toolkit/6-consent-to-treatment-capacity (updated February 2018).Google Scholar
Department of Constitutional Affairs (2007) Mental Capacity Act 2005, Code of Practice. London: HMSO.Google Scholar
Department of Health (1999) Review of the Mental Health Act 1983: Report of the Expert Committee. London: Department of Health.Google Scholar
Hogget, B. (1994) Mentally incapacitated adults and decision-making: The Law Commission’s Project. In: Decision-Making and Problems of Incompetence (ed. Grubb, A.), pp. 27–40. John Wiley & Sons.Google Scholar
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Mental Capacity (Amendment) Bill [HL] 2017–2019, July 2018.Google Scholar
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Szmukler, G. & Kelly, B. (2016) We should replace conventional mental health law with capacity-based law. The British Journal of Psychiatry, 209, 449–453.Google Scholar
Case law
GJ v. The Foundation Trust and others [2009] EWHC 2972 (Fam).Google Scholar
Marshall v. Curry [1933] Dominion Law Reports (DLR) 260. 3.Google Scholar
Murray v. McMurchy [1949].Google Scholar
P v. Cheshire West and Chester Council [2014] UKSC 19.Google Scholar
Re F (Mental Patient: Sterilisation) [1990] 2 AC 1.Google Scholar
Re T (Adult: Refusal of Medical Treatment) [1992] 4 ALL E.R. 649.Google Scholar
Schloendorff v. Society of New York Hospital [1914] 105 NE 92.Google Scholar
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