The Mental Capacity Act 2005 constitutes one of the most important pieces of legislation for many years and introduces a major overhaul of the existing law in this area. Key provisions contained in the Act include:

• The introduction of new principles governing the assessment of capacity
• A best interests checklist for people acting on behalf of others
• The creation of lasting powers of attorney
• Court powers to appoint deputies to make decisions on behalf of persons lacking capacity
• A statutory framework for making advance decisions to refuse medical treatment
• New powers for the Court of Protection and the Public Guardian

Mental Capacity: The New Law provides an authoritative commentary on both law and procedure, 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 and non-contentious lawyers generally. It includes the text of the Mental Capacity Act 2005.

General Editor

Gordon Ashton, Deputy Master of the Court of Protection

Contributors

Penny Letts, Policy Consultant on Mental Health and Capacity Issues
Laurence Oates, formerly The Official Solicitor
Martin Terrell, Partner, Rix & Kay Solicitors

• Background
• The New Jurisdiction
• Lasting powers of attorney
• Powers of the Court
• Healthcare, Advance Directives and Research
• The Court of Protection
• The Public Guardian and Supporting Services 

Appendix

• Mental Capacity Act 2005