The Spaces Of Mental Capacity Law

Author : Beverley Clough
Publisher : Routledge
Page : 167 pages
File Size : 40,9 Mb
Release : 2021-10-21
Category : Law
ISBN : 9781000463835

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The Spaces of Mental Capacity Law by Beverley Clough Pdf

This book explores the conceptual spaces and socio-legal context which mental capacity laws inhabit. It will be seen that these norms are created and reproduced through the binaries that pervade mental capacity laws in liberal legal jurisdictions- such as capacity/incapacity; autonomy/paternalism; empowerment/protection; carer/cared-for; disabled/non-disabled; public/private. Whilst on one level the book demonstrates the pervasive reach of laws questioning individuals mental capacity, within and beyond the medical context which it is most commonly associated with, at a deeper and perhaps more important level it challenges the underlying norms and assumptions underpinning the very idea of mental capacity, and reflects outwards on the transformative potential of these realisations for other areas of law. In doing so, whilst the book offers lessons for mental capacity law scholarship in terms of reform efforts at both domestic and internationals levels, it also offers ways to develop our understandings of a range of linked legal, policy and theoretical concepts. In so doing, it offers new critical vantage points for both legal critique and conceptual change beyond mental capacity law. The book will be of interest to researchers in mental capacity law, disability law and socio-legal studies as well as critical geographers and disability studies scholars.

Author : D'Arcy Hiltz,Anita Szigeti
Publisher : Unknown
Page : 666 pages
File Size : 46,6 Mb
Release : 2014
Category : Capacity and disability
ISBN : 0433478276

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A Guide to Consent and Capacity Law in Ontario by D'Arcy Hiltz,Anita Szigeti Pdf

Author : Camillia Kong
Publisher : Cambridge University Press
Page : 276 pages
File Size : 52,8 Mb
Release : 2017-05-11
Category : Family & Relationships
ISBN : 9781107164000

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Mental Capacity in Relationship by Camillia Kong Pdf

An interdisciplinary text that investigates mental capacity and considers how relationships can affect an individual's ability to make decisions.

Author : Bridgit C. Dimond
Publisher : John Wiley & Sons
Page : 1167 pages
File Size : 50,8 Mb
Release : 2016-02-17
Category : Law
ISBN : 9781119045366

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Legal Aspects of Mental Capacity by Bridgit C. Dimond Pdf

Highly Commended in Health and social care in the 2017 BMA Medical Book Awards The Mental Capacity Act (2005) regulates decision making processes on behalf of adults who are unable to give informed consent, due to a loss in mental capacity (be that from birth, or due to an illness or injury at some point in their lives). Since the Act’s original conception the new Court of Protection is now firmly established, and there have been significant Supreme Court cases, as well as further guidance on the 2005 Act and major developments in the use and assessment for Deprivation of Liberty Safeguards. Thoroughly updated to take account of the many updates, developments and changes in legislation and guidance, the new edition of Dimond’s authoritative guide will be warmly welcome by practitioners and students who need to understand and work within the Mental Capacity Act, and how it applies to their professional responsibilities. A highly practical guide to the Mental Capacity Act and its provisions since its conception in 2005 Relevant for a wide range of practitioners and students within health and social care Highly readable and easily accessible, even for those with no legal background Includes a range of learning features, including scenarios, questions and answers, key summary points, and applications for practice. Legal Aspects of Mental Capacity is an essential resource for all healthcare and social services professionals, students patient services managers and carers working with those who lack the capacity to make their own decisions.

Author : The British Medical Association
Publisher : The Law Society
Page : 368 pages
File Size : 47,9 Mb
Release : 2015-12-08
Category : Law
ISBN : 9781784460396

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Assessment of Mental Capacity by The British Medical Association Pdf

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, clarifying the roles of professionals and providing an aid to communication both between them and with the person being assessed.Written by experts from a variety of disciplines, Assessment of Mental Capacity 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. The fourth edition has been updated and expanded to take account of:- recent case law and current 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 Mental Capacity Act 2005 and the Code of Practice, and is an indispensable tool for health and legal professionals.

Author : Nicole A Vincent,Thomas Nadelhoffer,Allan McCay
Publisher : Oxford University Press
Page : 465 pages
File Size : 55,8 Mb
Release : 2020-03-20
Category : Medical
ISBN : 9780190667979

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Neurointerventions and the Law by Nicole A Vincent,Thomas Nadelhoffer,Allan McCay Pdf

This volume makes a contribution to the field of neurolaw by investigating issues raised by the development, use, and regulation of neurointerventions. The broad range of topics covered in these chapters reflects neurolaw's growing social import, and its rapid expansion as an academic field of inquiry. Some authors investigate the criminal justice system's use of neurointerventions to make accused defendants fit for trial, to help reform convicted offenders, or to make condemned inmates sane enough for execution, while others interrogate the use, regulation, and social impact of cognitive enhancement medications and devices. Issues raised by neurointervention-based gay conversion "therapy", efficacy and safety of specific neurointervention methods, legitimacy of their use and regulation, and their implications for authenticity, identity, and responsibility are among the other topics investigated. Dwelling on neurointerventions also highlights tacit assumptions about human nature that have important implications for jurisprudence. For all we know, at present such things as people's capacity to feel pain, their sexuality, and the dictates of their conscience, are unalterable. But neurointerventions could hypothetically turn such constants into variables. The increasing malleability of human nature means that analytic jurisprudential claims (true in virtue of meanings of jurisprudential concepts) must be distinguished from synthetic jurisprudential claims (contingent on what humans are actually like). Looking at the law through the lens of neurointerventions thus also highlights the growing need for a new distinction between analytic jurisprudence and synthetic jurisprudence to tackle issues that increasingly malleable humans will face when they encounter novel opportunities and challenges.

Author : Gordon Ashton,Marc Marin
Publisher : Jordan Publishing (GB)
Page : 0 pages
File Size : 54,7 Mb
Release : 2018
Category : Capacity and disability
ISBN : 1784734063

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Mental Capacity by Gordon Ashton,Marc Marin Pdf

This new edition has been comprehensively revised by a team of experienced contributors to provide coverage of all the latest developments in legislation, procedure and case law, including: The reissued Court of Protection Rules (and accompanyingPractice Directions) which took effect in December 2017; The Law Commission Recommendations on Deprivation of Liberty; A completely new chapter on the important topic of Representation and Participation of P; An extensively updated chapter on the International Protection of Adults, with the addition of a new section on Ordinary Residence. Mental Capacity: Law and Practice provides an authoritative commentary, highlighting areas of potential difficulty and offering practical guidance on the challenges that the legislation poses. This book is essential reading for all private client lawyers, chancery practitioners, non-contentious lawyers, local authorities and healthcare professionals.

Author : National Academies of Sciences, Engineering, and Medicine,Division of Behavioral and Social Sciences and Education,Board on Behavioral, Cognitive, and Sensory Sciences,Committee on the Science of Changing Behavioral Health Social Norms
Publisher : National Academies Press
Page : 171 pages
File Size : 51,9 Mb
Release : 2016-09-03
Category : Social Science
ISBN : 9780309439121

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Ending Discrimination Against People with Mental and Substance Use Disorders by National Academies of Sciences, Engineering, and Medicine,Division of Behavioral and Social Sciences and Education,Board on Behavioral, Cognitive, and Sensory Sciences,Committee on the Science of Changing Behavioral Health Social Norms Pdf

Estimates indicate that as many as 1 in 4 Americans will experience a mental health problem or will misuse alcohol or drugs in their lifetimes. These disorders are among the most highly stigmatized health conditions in the United States, and they remain barriers to full participation in society in areas as basic as education, housing, and employment. Improving the lives of people with mental health and substance abuse disorders has been a priority in the United States for more than 50 years. The Community Mental Health Act of 1963 is considered a major turning point in America's efforts to improve behavioral healthcare. It ushered in an era of optimism and hope and laid the groundwork for the consumer movement and new models of recovery. The consumer movement gave voice to people with mental and substance use disorders and brought their perspectives and experience into national discussions about mental health. However over the same 50-year period, positive change in American public attitudes and beliefs about mental and substance use disorders has lagged behind these advances. Stigma is a complex social phenomenon based on a relationship between an attribute and a stereotype that assigns undesirable labels, qualities, and behaviors to a person with that attribute. Labeled individuals are then socially devalued, which leads to inequality and discrimination. This report contributes to national efforts to understand and change attitudes, beliefs and behaviors that can lead to stigma and discrimination. Changing stigma in a lasting way will require coordinated efforts, which are based on the best possible evidence, supported at the national level with multiyear funding, and planned and implemented by an effective coalition of representative stakeholders. Ending Discrimination Against People with Mental and Substance Use Disorders: The Evidence for Stigma Change explores stigma and discrimination faced by individuals with mental or substance use disorders and recommends effective strategies for reducing stigma and encouraging people to seek treatment and other supportive services. It offers a set of conclusions and recommendations about successful stigma change strategies and the research needed to inform and evaluate these efforts in the United States.

Author : MICHAEL. DAVIES
Publisher : Unknown
Page : 128 pages
File Size : 40,7 Mb
Release : 2020
Category : Electronic
ISBN : 0433503696

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GUIDE TO MENTAL DISORDER LAW IN CANADIAN CRIMINAL JUSTICE. by MICHAEL. DAVIES Pdf

Author : Arthur C. Walsh
Publisher : Shepards/McGraw-Hill
Page : 128 pages
File Size : 47,6 Mb
Release : 1994
Category : Aged
ISBN : 0071725601

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Mental Capacity by Arthur C. Walsh Pdf

Author : Lorne Elkin Rozovsky,Fay Adrienne Rozovsky
Publisher : Scarborough, Ont. : Butterworths Canada
Page : 182 pages
File Size : 47,9 Mb
Release : 1990
Category : Law
ISBN : UOM:39015032820444

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The Canadian Law of Consent to Treatment by Lorne Elkin Rozovsky,Fay Adrienne Rozovsky Pdf

Author : Great Britain. Welsh Office,Great Britain. Department of Health
Publisher : The Stationery Office
Page : 180 pages
File Size : 42,9 Mb
Release : 1999
Category : Law
ISBN : 0113221118

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Code of Practice by Great Britain. Welsh Office,Great Britain. Department of Health Pdf

The legal framework that managers, doctors, nurses, social workers and the police must follow is set by the Mental Health Act 1983. This code of practice gives guidance on how the Act should be applied.

Author : Lynn A. Schaefer,Thomas Jeffrey Farrer
Publisher : Routledge
Page : 220 pages
File Size : 55,5 Mb
Release : 2022
Category : Capacity and disbility
ISBN : 036768487X

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A Casebook of Mental Capacity in US Legislation by Lynn A. Schaefer,Thomas Jeffrey Farrer Pdf

A Casebook of Mental Capacity in US Legislation: Assessment and Legal Commentary employs an applied approach to the assessment of mental capacity. The text provides legal commentary to illustrate state laws and ethical principles from decision-making capacities in distinct settings to fortify its assessment.

Author : Camillia Kong
Publisher : Cambridge University Press
Page : 0 pages
File Size : 46,5 Mb
Release : 2018-12-06
Category : Law
ISBN : 1316615707

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Mental Capacity in Relationship by Camillia Kong Pdf

Recent legal developments challenge how valid the concept of mental capacity is in determining whether individuals with impairments can make decisions about their care and treatment. Kong defends a concept of mental capacity but argues that such assessments must consider how relationships and dialogue can enable or disable the decision-making abilities of these individuals. This is thoroughly investigated using an interdisciplinary approach that combines philosophy and legal analysis of the law in England and Wales, the European Court of Human Rights, and the United Nations Convention on the Rights of Persons with Disabilities. By exploring key concepts underlying mental capacity, the investigation concludes that both primary relationships and capacity assessments themselves must display key competencies to ensure that autonomy skills are promoted and encouraged. This ultimately provides scope for justifiable interventions into disabling relationships and articulates the dialogical practices that help better situate, interpret, and understand the choices and actions of individuals with impairments.

Author : Jaime Lindsey
Publisher : Cambridge University Press
Page : 265 pages
File Size : 52,9 Mb
Release : 2022-09-15
Category : Law
ISBN : 9781108999038

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Reimagining the Court of Protection by Jaime Lindsey Pdf

As one of the first researchers authorised to observe hearings and access court files at the Court of Protection, Jaime Lindsey offers an original account and analysis of the workings of this court. Using data collected with the approval from the senior judiciary of the Court of Protection and the Ministry of Justice, this innovative book combines empirical data with theoretical and normative analysis. It takes a socio-legal approach to understanding how the Mental Capacity Act operates in practice to achieve access to justice and situates current debates within an international context, showing how other jurisdictions have been guided by the United Nations Convention on the Rights of Persons with Disabilities. Furthering scholarship across several fields including access to justice, healthcare law and procedural justice theory, this is a timely and pioneering book that argues for a reimagining of the Court of Protection.