Mental Capacity Legislation

This theoretical and practical guide to Mental Capacity Statute considers recent case law, medico-legal challenges and future legislation.

This user-friendly guide to the Mental Capacity Act 2005 (MCA) provides a theoretical and practical framework for mental health practitioners working in both hospital and community settings. It considers emerging case law, medico-legal challenges, amendment to the Deprivation of Liberty Safeguards (DoLS) and crucially potential future changes to mental health and capacity legislation.Crucial to health and social care practice, the Mental Capacity Act (MCA) 2005 safeguards decision-making within a legal framework. This book provides theoretical, practical and up-to-date guidance on mental capacity legislation. It focuses on the theory underpinning the principles of the MCA 2005, including historical background, and the practical challenges in applying legal statute in varied clinical settings, from hospitals to social care in community settings. Recent case law is detailed, and examples of ethical dilemmas and medico-legal challenges feature, along with guidance to navigate these in clinical practice. Applying mental capacity principles in end-of-life decision-making is an area of discussion, as well as the future of legislative changes in the field. To be read alongside the MCA 2005 Code of Practice, this guide will support mental health and social care professionals in clinical settings.