Assessment of Mental Capacity (eBook)

The British Medical Association is the professional association and registered trade union for doctors in the United Kingdom. The association does not regulate or certify doctors, a responsibility which lies with the General Medical Council. The Law Society of England and Wales is the professional association that represents and governs solicitors for the jurisdiction of England and Wales. It provides services and support to practising and training solicitors, as well as serving as a sounding board for law reform.

Part I Introduction.

The law, practice and this book.

Professional and ethical issues.

Part II Legal principles.

Capacity to vote.

What are the legal principles?.

Part III Legal tests of capacity.

Capacity to deal with financial affairs.

Capacity to make a will.

Capacity to make a gift.

Capacity to litigate.

Capacity to enter into a contract.

Capacity and personal relationships.

Capacity to consent: the criminal law and sexual offences.

Capacity to consent to and refuse medical treatment.

Capacity to consent to research and innovative treatment.

Part IV Practical aspects of the assessment of capacity.

Practical guidelines for doctors.

Practical guidelines for lawyers.

Appendix A Case studies.

Appendix B The Official Solicitor.

Appendix C Practice Note (Official Solicitor: Declaratory
Proceedings: Medical and Welfare . .).

Appendix D Practice Note (Official Solicitor: Appointment in
Family Proceedings).

Appendix E Medical certificate for the Official Solicitor with
Guidance Notes.

Appendix F Medical certificate for the Court of Protection with
notes for guidance.

Appendix G Sample letter: Test of Capacity