Blackstone's Guide to the Mental Capacity Act 2005

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. They offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. The guides provide a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

The Mental Capacity Act 2005 came into force in stages from April 2007 and will be implemented in full on 1 October 2007. The Act impacts on approximately 2 million people. It introduced new decision-making mechanisms which allow financial, welfare and healthcare decisions to be taken on behalf of persons lacking the mental capacity to make such decisions such as the making of advance refusals of treatment (a form of living will); and the creation of lasting powers of attorney, so allowing the appointee to make decisions on finance, health and welfare after the donor has become incompetent to make the decisions themselves.

The new edition of this popular Guide has been thoroughly updated to take account of the impact of the Mental Health Act 2007, new Codes of Practice to the MCA 2005, and new Court of Protection Rules. It has expanded analysis of the issues which arose in the Bournewood decision. It provides a clear and comprehensive guide to the scope and implications of Mental Capacity legislation and advice on how to ensure best practice.

This portable guide contains a copy of the Act, the Code of Practice, and Regulations regarding Lasting Powers of Attorney and the Court Rules for the Court of Protection. This is an invaluable resource for all lawyers and professionals working in this complex area.

Peter Bartlett is Nottinghamshire Healthcare NHS Trust Professor of Mental Health Law at the University of Nottingham. He has written and contributed to a wide array of publications in the field including Mental Health Law: Policy and Practice 3/e (co-authored with Ralph Sandland, forthcoming from OUP); Mental Disability and the European Convention on Human Rights (co-authored with O. Lewis and O. Thorold, Martinus Nijhoff Publishers 2006) and Mental Health Law: The Advocates' Manual 2/e (Toronto, Community Legal Education, 1988);