Doctors, lawyers and other professionals often need to make an assessment of a person's mental capacity. This book helps to support these professionals by giving them:

• a fuller understanding of the law in all situations where an assessment of capacity may be needed
• clarification of the roles of both professions
• an aid to communication both between them and with the person being assessed.

Written by experts from a variety of disciplines, this book combines a precise statement of the law with a practical, jargon-free approach to provide guidelines on a range of issues, from capacity to form intimate personal relationships to capacity to consent to medical treatment. This edition takes account of:

• case law and good practice
• revision of the Mental Health Act 1983: Code of Practice
• the rising prominence of the United Nations Convention on the Rights of Persons with Disabilities.

It provides an essential source of guidelines and information, including extracts from the Act and the Code of Practice and is an indispensable tool for health and legal professionals.

---

Contents

1. Part I Introduction:
2. 1. The law, practice and this book
3. 2. Professional and ethical issues.
4.  
5. Part II Legalprinciples:
6. 3. The Mental Capacity Act 2005: capacity and best interests
7. 4. The legal principles: capacity and evidence.
8.  
9. Part III Legal tests of capacity:
10. 5. Capacity to deal with financial affairs
11. 6. Capacity to make a will
12. 7. Capacity to make a gift
13. 8. Capacity to litigate
14. 9. Capacity to enter into a contract
15. 10. Capacity to vote
16. 11. Capacity and personal relationships
17. 12. Capacity to consent: the criminal law and sexual offences
18. 13. Capacity to consent to and refuse medical treatment and procedures
19. 14. Capacity to consent to research and innovative treatment
20. 15. Capacity and the deprivation of liberty
21. 16. Capacity and the Mental Health Act.
22.  
23. Part IV Practical aspects of the assessment of mental capacity:
24. 17. Practical guidelines for doctors
25. 18. Practical guidelines for lawyers.
26.  
27. Appendix:
28. A. Mental Capacity Act 2005, ss.1-6
29. B. Mental Capacity Act2005: Code of Practice, Chapters 2-4
30. C. Court of Protection
31. D. Court of Protection Practice Direction 9E:Applications relating to serious medical treatment
32. E. The Official Solicitor
33. F. Certificate as to capacity to conduct proceedings (Official Solicitor)
34. G. COP3 Assessment of Capacity and Guidance Notes
35. H. Sample letter to a GP requesting evidence of testamentary capacity
36. I. Addresses
37. J. Further reading.

About the Author

Alex Ruck Keene is a barrister at 39 Essex Chambers and an Honorary Research Lecturer at the University of Manchester. He has appeared in cases involving the Mental Capacity Act 2005 at all levels up to and including the Supreme Court.