Mental Capacity Act Manual

The Mental Capacity Act 2005 introduces new decision making mechanisms which allow financial, welfare and healthcare decisions to be taken on behalf of people lacking the mental capacity to make them. It also enables people with mental capacity to plan for a time when they might lose their capacity. This new 2nd Edition of the Mental Capacity Act Manual updates the work to include all of the changes and developments that have occurred since the Act was passed. Regulations relating to Independent Mental Capacity Advocate service and the conduct of research are reproduced and the annotations to the Act have been revised and expanded to take into account the contents of the final version of the Code of Practice as approved Parliament.
This edition places particular emphasis on: * explaining the practical implications of the use of the functional test of capacity * providing guidance on the determination of the best interests of a mentally incapacitated person * considering the interface of the Act with the Mental Health Act 1983 * analysing the implications of advance decisions to refuse medical treatment and lasting powers of attorney * considering important High Court cases such as the decision of Munby J. in Re SA (Vulnerable Adult with Capacity: Marriage) where it was held that in certain circumstances the inherent jurisdiction of the High Court can be used to protect a vulnerable adult who does not lack the capacity to make the decision in question