Download or read book Capacity Assessment and the Law written by Kelly Purser and published by Springer. This book was released on 2017-05-22 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses theoretical issues, standards, and professional considerations arising when legal and health practitioners undertake legal capacity assessments in the context of wills, enduring powers of attorney and advance health directives. The potential loss of cognition can erode autonomy as individuals lose the ability to make their own legally recognised decisions. This is an inescapable problem with significant legal, social, health and policy repercussions. This work synthesises and critically analyses the existing literature, including some of the best assessment models and guiding principles internationally, to generate a new methodology and understanding of what capacity assessment best practice means. This includes the impact of assessments on individual autonomy - the ideal method building upon respect for both autonomy as well as fundamental human rights. The triggers to assess capacity, who to involve in the assessment process, as well as how to conduct that assessment process are discussed. The crucial relationship between the legal and health professionals involved in assessments, including growing concerns around practitioner liability, is also explored. This analysis is undertaken through the innovative use of a therapeutic jurisprudence lens, the effect of which is to contribute new knowledge to this complex field.
Download or read book Assessment of Older Adults with Diminished Capacity written by and published by American Bar Association. This book was released on 2008 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Assessing Mental Capacity written by Janice A. Mackenzie and published by Routledge. This book was released on 2020-05-04 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical, how-to handbook provides essential resources to help clinicians and other professionals assess mental capacity in key decisions. The book illustrates the basics of capacity assessments before discussing a variety of complex issues of which professionals will need to be aware. Offering expertise from a multi-disciplinary perspective, the book provides hands-on coverage of mental capacity law (concentrating on England and Wales). This book is accompanied by online resources including semi-structured interviews and a multi-disciplinary team (MDT) questionnaire which can be downloaded and used for clinical cases, as well as further examples, information and tips. Please visit www.assessingcapacity.com. Chapters are written by a variety of different professionals with extensive experience in the assessment of mental capacity. Coverage includes: Explanations of mental capacity law and how to put it into practice across a range of settings, services and populations A "how to" approach for administering assessments of mental capacity both for professionals who are new to the area and for more experienced professionals Information on practical aspects of assessing mental capacity for commonly occurring decisions and for more specialist and complex decisions Consideration of the best interests process and Liberty Protection Safeguards (LPS). With easily accessible information, case studies, examples from case law and internationally relevant discussions on ethical issues, this is the perfect companion to help busy professionals understand complex concepts relating to mental capacity.
Download or read book Assessment of Mental Capacity written by The British Medical Association and published by The Law Society. This book was released on 2015-12-08 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Assessment of Mental Capacity written by British Medical Association and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guide on assessment of people with some sort of mental impairment is a broad ranging report produced jointly by the British Medical Association and the Law Society. It is an authoritative statement on an important area. Its wide ranging coverage makes it essential reading for these groups. The second edition has been revised throughout to bring it right up to date with present requirements.
Download or read book Capacity Toolkit written by and published by . This book was released on 2020 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: "... Aims to assist people in correctly identifying whether an individual has the capacity to make their own decisions."--P. 6.
Download or read book The Belmont Report written by United States. National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research and published by . This book was released on 1978 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Determination of Capacity of Older Adults in Guardianship Proceedings written by and published by . This book was released on 2006 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Casebook of Mental Capacity in US Legislation written by Lynn A. Schaefer and published by Routledge. This book was released on 2022 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A Casebook of Mental Capacity in US Legislation: Assessment and Legal Commentary employs an applied and accessible approach to the assessment of mental capacity. Through the use of rich vignettes and case examples, the text provides legal commentary to illustrate state laws and ethical principles from varied decision-making capacities in distinct settings to fortify its assessment. The text begins by providing a background about decision-making capacity as a construct. It also provides practical guidance on capacity assessment germane to a broad range of clinical settings, including geropsychology, health psychology, and neuropsychology. It moves on to reviewing decision-making rights that make up capacity, and provides ethical guidelines along with drawing the practitioner's attention to the common pitfalls. The case presentations and legal commentary underline key areas such as the capacity to consent to medical treatment, make welfare decisions, enter into a sexual relationship, make financial decisions, create or revoke a will, litigate and contract, and stand trial. It also includes a chapter focusing on integrating culture and diversity in capacity evaluations with the aim of increasing the practitioner's competence"--
Download or read book Assessing Capacities of Older Adults written by Jennifer Moye and published by American Psychological Association (APA). This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates how to address practical and ethical challenges when assessing older adults with neurocognitive disorders, like dementia. Expanding on the ABA/APA's Assessment of Older Adults with Diminished Capacity: A Handbook for Psychologists, it explores the tension between ensuring a client's autonomy while protecting them from harm, particularly when decision-making capacity or daily living skills are impaired. Chapters cover a range of complex issues in careful detail, including financial exploitation, undue influence, sexual consent, and medical aid in dying.
Download or read book Legal Aspects of Mental Capacity written by Bridgit C. Dimond and published by John Wiley & Sons. This book was released on 2016-05-02 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A Clinician s Brief Guide to the Mental Capacity Act written by Tim Branton and published by RCPsych Publications. This book was released on 2013-04 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: This easy-to-read book guides clinicians through the parts of the Mental Capacity Act 2005 that they need to understand and use in their daily practice. This act now gives clinicians the authority to provide medical care and treatment to people (over 16 years) who lack the capacity to consent for themselves.
Download or read book Mental Capacity Act 2005 code of practice written by Great Britain: Department for Constitutional Affairs and published by The Stationery Office. This book was released on 2007-08-16 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Mental capacity Act 2005 provides a statutory framework for people who lack the capacity to make decisions for themselves, or for people who want to make provision for a time when they will be unable to make their own decisions. This code of practice, which has statutory force, provides information and guidance about how the Act should work in practice. It explains the principles behind the Act, defines when someone is incapable of making their own decisions and explains what is meant by acting in someone's best interests. It describes the role of the new Court of Protection and the role of Independent Mental Capacity Advocates and sets out the role of the Public Guardian. It also covers medical treatment and the way disputes can be resolved.
Download or read book Healthcare Decision Making and the Law written by Mary Donnelly and published by Cambridge University Press. This book was released on 2010-11-18 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.
Download or read book Assessment of Mental Capacity written by Alison Douglass and published by . This book was released on 2020-02 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The ability to make decisions and take actions that influence our life is critically important, and ranges from simple everyday choices about what to eat or wear, to far-reaching decisions about health care and personal or financial matters. When our ability to make our own decisions is impaired, whether due to dementia, learning or intellectual disability, mental illness or brain injury, that might mean we are not able to make decisions for ourselves. So, there is a need for clear assessment processes to help decide whethersomeone has the capacity to make their own decisions, who should make decisions on their behalf, and on what basis such decisions should be made. The guidance in this book has been written to serve the needs of doctors, lawyers, health practitioners, families andwhanau. It is written by experts from a range of disciplines including law, medicine and ethics, and is based on the Toolkit for Assessing Capacity. It combines an explanation of the law, case studies and practical guidance for health and legal practitioners about capacity, how it is assessed, and what supporting people with impaired capacity means in practice.
Download or read book Assessment of Earning Capacity written by Michael Shahnasarian and published by Lawyers & Judges Publishing. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Earning capacity is quite often underappreciated and not fully understood. All too often in litigated disputes, two vocational evaluators arrive at radically disparate opinions despite having similar professional backgrounds and analyzing the same set of facts. Who is the jury or judge to believe? In Assessment of Earning Capacity, author Michael Shahnasarian, Ph.D. recommends standardization, objectivity, and consistency in vocational evaluations. He begins by introducing you to vocational expert services, guiding you through consultation and the standard methods to determining your clients' earning capacity. From there you will be taken through several comprehensive case studies examining common situations that may require vocational assessment, such as personal injury cases, family law, employment law, and an all new chapter on long term disability insurance. Finally, the author presents tips on appearing as an economic expert in court.
Download or read book Mental Capacity in Relationship written by Camillia Kong and published by Cambridge University Press. This book was released on 2017-05-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary text that investigates mental capacity and considers how relationships can affect an individual's ability to make decisions.
