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The Mental Capacity Act 2005
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The Mental Capacity Act 2005
A Guide for Practice

Fourth Edition


May 2024 | 344 pages | Learning Matters
The Mental Capacity Act 2005 and its accompanying Codes of Practice continue to have a huge impact on mental health professionals working with some of the most vulnerable people throughout England and Wales. Whether you are a Social Worker, Best Interest Assessor, Mental Health Nurse, Doctor, Psychiatrist or an Approved Mental Health Professional (AMHP), understanding the Mental Capacity Act and its implications for practice is essential and this indispensable guide will help you do just that. 

The Mental Capacity Act 2005 is designed to protect and empower individuals who may lack the mental capacity to make their own decisions about their care and treatment and this bestselling book will provide invaluable support to busy practitioners needing to draw on the Act in the following ways: 

- Sets out the full text of the main body of the Act for quick reference
- Contains practical advice and checklists for working with the Act and the main principles and Codes of Practice
- Shows how the Mental Health Act and Mental Capacity Act interact so that statutory requirements can be put into practice. 
 

 
Chapter 1: Background to the Mental Capacity Act 2005
 
Chapter 2: The key features of the Mental Capacity Act 2005
 
Chapter 3: The Code of Practice (sections 42–43)
 
Chapter 4: Principles (section 1)
 
Chapter 5: What is lack of capacity? (sections 2–3)
 
Chapter 6: Best interests (section 4)
 
Chapter 7: Protection for those making decisions (sections 5–8)
 
Chapter 8: Lasting Powers of Attorney (sections 9–14 and 22–23)
 
Chapter 9: Deputies and declarations (sections 15–21)
 
Chapter 10: Advance decisions to refuse treatment (sections 24–26)
 
Chapter 11: Independent Mental Capacity Advocates (IMCAs) (sections 35–41)
 
Chapter 12: The Court of Protection and the Public Guardian (sections 45–61)
 
Chapter 13: Other issues
 
Chapter 14: Research
 
Chapter 15: Links with other areas of law
 
Chapter 16: Deprivation of Liberty Safeguards
 
Chapter 17: The interface between the Mental Capacity Act and the Mental Health Act
 
Chapter 18: The distinction between restriction of movement and deprivation of liberty
 
Appendix 1 The Mental Capacity Act 2005
 
Appendix 1A DOLS Regulations on Representative
 
Appendix 1B DOLS Assessment Regulations
 
Appendix 2 Helping people to make their own decisions
 
Appendix 3 Assessing capacity
 
Appendix 4 Best interests checklist
 
Appendix 5 Multiple choice answers
 
Appendix 6 Lasting Powers of Attorney and advance decisions
 
Appendix 7 Identifying a deprivation of liberty
 
Appendix 8 The DOLS procedures
Key features

Key Need 1
The Mental Capacity Act is a complex piece of legislation that many practitioners struggle to put into a practice context.

Key Feature 1
The book goes through the Act in a systematic way, explaining the key regulations and Codes of Practice and how they are applied to everyday practice.

Key Benefit 1
This approach will directly benefit busy practitioners who need something practice-focused and easy to navigate

 Key Need 2
Mental Health Professionals and AMHPs must demonstrate a close understanding the five principles of assessing capacity if they are to operate within the law

 Key Feature 2
The authors include a checklist and explain the five principles while using a series of multiple choice questions to reinforce learning

 Key Benefit 2
Readers who understand the five principles will be able to operate effectively and within the law

 Key Need 3
Many practitioners struggle to understand the complicated relationship and interface between the Mental Health Act and the Mental Capacity Act

 Key Feature 3
The authors demonstrate how the Mental Capacity and Mental Health Act work together through recent Case Law

 Key Benefit 3
Practitioners will develop a clearer understanding of this interface and avoid inconsistent practice

For instructors

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