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This book draws on clinical experience, case law and the developing research literature accrued during the six years that the Mental Capacity Act (MCA) and the .
Table of contents




  • Mental Capacity Act – Principles and Practice.
  • Product description.
  • Section 1: Principles in Practice - Mental Capacity Act Resources - provided by DBC?
  • Mental Capacity Act 2005!

Managing authority to give authorisation. Only the managing authority of the relevant hospital or care The managing authority may give an urgent authorisation only if An urgent authorisation must be in writing. An urgent authorisation must state the following things—. Duty to keep records and give copies. Duty to give information about authorisation. Request for extension of duration. An urgent authorisation comes into force when it is given Part 6 Eligibility requirement not met: The managing authority of the relevant hospital or care home The effect of suspending the standard authorisation is that Part Part 7 Standard authorisations: Application of this Part.

Mental Capacity Act - Wikipedia

For the purposes of this Part there is a change Effect of change in supervisory responsibility. Part 8 Standard authorisations: Review by supervisory body. Change of reason ground. Variation of conditions ground. Notice that review to be carried out. To start a review of the standard authorisation, the supervisory No reviewable qualifying requirements. One or more reviewable qualifying requirements. Best interests requirement reviewable but non-assessable.

Best interests review assessment positive. Mental health, mental capacity, eligibility or no refusals review assessment positive. One or more review assessments negative. Completion of a review. Variations under this Part. Any variation of the standard authorisation made under this Part Notice of outcome of review. A supervisory body must keep a written record of the Relationship between review and suspension under Part 6.

Relationship between review and request for new authorisation. In paragraphs and — a the existing authorisation is Part 9 Assessments under this Schedule. This Part contains provision about assessments under this Schedule. An assessment under this Schedule is either of the following— In this Part, in relation to an assessment under this Supervisory body to select assessor.

Examination and copying of records. An assessor may, at all reasonable times, examine and take In carrying out an assessment under this Schedule, the assessor Assessments to stop if any comes to negative conclusion. Part 10 Relevant person's representative.

In this Schedule the relevant person's representative is the person Supervisory body to appoint representative. Appointment regulations may provide that the procedure for appointing a Appointment regulations may make provision about the formalities of appointing In a case where a best interests assessor is to Regulations may make provision requiring the managing authority of the Regulations may make provision about the circumstances in which the Regulations may make provision about the formalities of ending the Suspension of representative's functions.

Regulations may make provision for payments to be made to, Regulations under this Part. The provisions of this Part which specify provision that may Paragraphs and make provision about the exercise of Monitoring of operation of Schedule. Directions by National Assembly in relation to supervisory functions. The power under paragraph or paragraph to give Any notice under this Schedule must be in writing.

It is for the Secretary of State to make regulations It is for the National Assembly for Wales to make Hospitals and their managing authorities. Care homes and their managing authorities. Same body managing authority and supervisory body. Each of the following is an interested person—. Where this Schedule imposes on a person a duty towards The following table contains an index of provisions defining or General requirements as to making instruments. Requirements as to content of instruments. Failure to comply with prescribed form.

Applications and procedure for registration. Subject to paragraphs 11 to 14, the Public Guardian must As soon as is practicable after receiving an application by Power to dispense with notification requirements. The court may— a on the application of the donor, Instrument not made properly or containing ineffective provision. Objection by donee or named person. Where an instrument is registered under this Schedule, the Public Part 3 Cancellation of registration and notification of severance.

The court must direct the Public Guardian to cancel the On the cancellation of the registration of an instrument, the Part 4 Records of alterations in registered powers. Partial revocation or suspension of power as a result of bankruptcy. If in the case of a registered instrument it appears Termination of appointment of donee which does not revoke power. Severance of ineffective provisions. If in the case of a registered instrument the court If the Public Guardian attaches a note to an instrument Persons ineligible to be deprived of liberty by this Act.

This Schedule applies for the purposes of—. Authorised course of action not in accordance with regime. Treatment for mental disorder in a hospital. P objects to being a mental health patient etc. The mental health regimes are— a the hospital treatment regime, P is subject to the community treatment regime if he P is subject to the guardianship regime if he is England and Wales enactments.


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P within scope of Mental Health Act. In a case where this Schedule applies for the purposes Expressions used in paragraph 5. Expressions with same meaning as in Mental Health Act.

Presentation on theme:

Paragraphs 2 to 4 apply in relation to the execution Provision that may be made in will. The will may make any provision whether by disposing of Vesting orders ancillary to settlement etc.

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Vesting of stock in curator appointed outside England and Wales. Preservation of interests in property disposed of on behalf of person lacking capacity. Powers as patron of benefice. Countries, territories and nationals. Part 2 Jurisdiction of competent authority. A reference in this Schedule to the exercise of jurisdiction In exercising jurisdiction under this Schedule, the court may, if Where a protective measure is taken in one country but Lasting powers of attorney, etc.

Regulations may provide for Schedule 1 lasting powers of attorney Protection of third parties. Where the court is entitled to exercise jurisdiction under this Nothing in this Part of this Schedule requires or enables Part 4 Recognition and enforcement. For the purposes of paragraphs 19 and 20, any finding Measures taken in relation to those aged under The court may not review the merits of a measure Court of Protection Rules may make provision about an application Proposal for cross-border placement.

A proposal received by a public authority under Article Adult in danger etc. A public authority may not request from, or send to, A certificate given under Article 38 by an authority in Powers to make further provision as to private international law. Her Majesty may by Order in Council confer on the Nothing in this Schedule applies, and no provision made under A reference in this Schedule to regulations or an order The following provisions of this Schedule have effect only if Provisions applying to existing enduring powers of attorney.

Part 1 Enduring powers of attorney.

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Enduring power of attorney to survive mental incapacity of donor. Characteristics of an enduring power of attorney. Scope of authority etc. Part 2 Action on actual or impending incapacity of donor. Duties of attorney in event of actual or impending incapacity of donor. Part 3 Notification prior to registration. Duty to give notice to relatives. Subject to paragraph 7, before making an application for registration Duty to give notice to donor. A notice to relatives under this Part of this Schedule A notice to the donor under this Part of this Duty to give notice to other attorneys.

Despite section 7 of the Interpretation Act c. Registration of instrument creating power. Register of enduring powers. The Public Guardian has the function of establishing and maintaining Part 5 Legal position after registration. Effect and proof of registration. Functions of court with regard to registered power. Cancellation of registration by Public Guardian. The Public Guardian must cancel the registration of an instrument Part 6 Protection of attorney and third parties.

Protection of attorney and third persons where power is invalid or revoked. Further protection of attorney and third persons. Part 7 Joint and joint and several attorneys. Application to joint and joint and several attorneys. Joint and several attorneys. Transitional provisions and savings. All fees and other payments which, having become due, have This Act does not affect the operation in relation to Preservation of interests on disposal of property. Paragraph 8 1 of Schedule 2 applies in relation to any Court of Protection Rules may provide that, in a case Exercise of powers of donor as trustee.

Minor and consequential amendments. Fines and Recoveries Act c. Improvement of Land Act c. In section 68 of the Improvement of Land Act Trustee Act c.

A Practical Guide to the Mental Capacity Act 2005: Putting the Principles of the Act into Practice

Law of Property Act c. Administration of Estates Act c. National Assistance Act c. In section 49 of the National Assistance Act c Veterans' Pensions Administration Act c. In section 1 of the U. Veterans' Pensions Administration Act Intestates' Estates Act c. No Unable to make decision at time needs to be made? If still capacity questionable, move on to next phase of assessing.

It does not matter whether the impairment or disturbance is permanent or temporary If yes does that impairment or disturbance mean that the person is unable to make the decision in question at the time it needs to be made? Any question whether a person lacks capacity must be decided on the balance of probabilities.

Understand the information relevant to the decision Retain that information Use or weigh that information as part of the process of making the decision Communicate their decision whether by talking, using sign language or any other means.

How to assess mental capacity under the Mental Capacity Act 2005 (Part 1)

Yes No Does the patient have capacity? Does the patient have capacity? Assessing capacity in General Practice. Aims Brief overview of metal capacity act Become more familiar with assessing capacity in General Practice. Another strong chapter — probably reflecting the authors' expertise in this area — was on advocacy and empowerment, which examined the various roles of the independent mental capacity advocate within the MCA process.

HL was a patient with autism and challenging behaviour who was admitted to hospital on an informal basis. He was regarded as being compliant with care but unable to consent to admission; however, this was found to be a contravention of Article 5 of the European Convention on Human Rights the right to liberty. Although events regarding HL and his carers began in , the account is a fascinating perspective of one of the most, if not the most, important mental health cases in legal history in terms of its potential impact on tens of thousands of people, carers and clinicians on a daily basis.

The authors provide useful views on how and why the DoLS legislation has not been implemented well so far. Overall, this is an excellent short text which should be required reading for those involved in care touching upon the use of the MCA, and would be ideal for medical and nursing students.