Draft Mental Incapacity Bill
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Draft Mental Incapacity Bill
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Author :
language : en
Publisher:
Release Date : 2003
Draft Mental Incapacity Bill written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Mental health laws categories.
The Committee's report endorses the principles and general direction of the draft Mental Incapacity Bill (Cm. 5859, ISBN 0101585926 published in June 2003) and its aim of replacing common law uncertainties with a comprehensive statutory framework to define mental capacity. The report finds that the Bill should be seen as enabling rather than restrictive, having to strike a delicate balance between respect for individual autonomy and the need to protect the vulnerable. It acknowledges the difficulties in creating a satisfactory legislative framework for mental capacity of varying degrees and for decisions ranging from the everyday to the life. General support is given for provisions to change the law regarding advance decision to refuse medical treatment in certain circumstances (including "living wills"), although additional assurances of safeguards against abuse may be needed. Some key areas still need to be addressed, such as the status of independent advocates, access to information issues and the likely resources implications of the Bill, and the report makes almost 100 recommendations for consideration.
Draft Mental Incapacity Bill
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Author : Great Britain. Department for Constitutional Affairs
language : en
Publisher:
Release Date : 2003
Draft Mental Incapacity Bill written by Great Britain. Department for Constitutional Affairs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Mental health categories.
This draft Bill follows up the Government White paper "Making decisions: the Government's proposals for making decisions on behalf of mentally incapacitated adults" (1999, Cm 4465) (ISBN 0101446527). The publication consists of 2 vols., not sold separately: Vol. 1: Draft Mental Incapacity Bill; and Vol. 2: Commentary and explanatory notes: making decisions. One of the innovations in the Bill is a new system of Lasting Powers of Attorney (LPAs) which allows people to appoint an attorney to act on their behalf if they should lose mental capacity in the future. The Bill also creates a system of court-appointed deputies to replace and extend the current system of receiverships in the Court of Protection. It also seeks to codify the law regarding advance decision to refuse medical treatment in certain circumstances (including "living wills"). The current Court of Protection has jurisdiction in respect of financial decision-making on behalf of adults who lack mental capacity; other decisions, e.g regarding serious heathcare cases, are currently dealt with by the High Court. The draft Bill proposes merging and extending both functions under a new Court of Protection. The current Public Guardian system will be reformed. A new criminal offence will be created where an attorney or a deputy or someone who has care of a person who lacks mental capacity. ill-treats or wilfully neglects that person. There will also be an offence of concealing or destroying an advance decision to refuse treatment.
Draft Mental Incapacity Bill
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Author :
language : en
Publisher:
Release Date : 2003
Draft Mental Incapacity Bill written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Mental health laws categories.
The draft Mental Incapacity Bill, Cm. 5859 (ISBN 0101585926) including commentary and explanatory notes, was issued on 27.06.2003
The Government Response To The Scrutiny Committee S Report On The Draft Mental Incapacity Bill
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Author : Great Britain. Department for Constitutional Affairs
language : en
Publisher:
Release Date : 2004
The Government Response To The Scrutiny Committee S Report On The Draft Mental Incapacity Bill written by Great Britain. Department for Constitutional Affairs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Mental health laws categories.
The Government Response To The Scrutiny Committee S Report On The Draft Mental Incapacity Bill
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Author : Great Britain. Department for Constitutional Affairs
language : en
Publisher:
Release Date : 2004
The Government Response To The Scrutiny Committee S Report On The Draft Mental Incapacity Bill written by Great Britain. Department for Constitutional Affairs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Mental health laws categories.
Mental Capacity Bill
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Author :
language : en
Publisher:
Release Date : 2014
Mental Capacity Bill written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
Mental Capacity
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Author : Gordon R. Ashton
language : en
Publisher: Jordans Pub
Release Date : 2006
Mental Capacity written by Gordon R. Ashton and has been published by Jordans Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
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 GuardianMental 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.
A Clinician S Brief Guide To The Mental Health Act
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Author : Tony Zigmond
language : en
Publisher: Cambridge University Press
Release Date : 2022-06-09
A Clinician S Brief Guide To The Mental Health Act written by Tony Zigmond and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-09 with Medical categories.
"This is a 'how to' book. It is designed as an easy-to-read and interesting guide to understanding those parts of the Mental Health Act 1983 that clinicians need in their daily practice. It covers civil and court detentions, Community Treatment Orders, consent to treatment and giving written and oral evidence for Mental Health Tribunals. It also includes relevant aspects of the Human Rights Act 1998, the Mental Capacity Act 2005 (including the Deprivation of Liberty Safeguards) and illustrative case law. Although it should be of particular interest to doctors seeking approval under section 12 and doctors and other clinicians wishing to become Approved Clinicians in England, it will aid understanding of the processes for all users of the Mental Health Act"--
Scrutiny Of Mental Health Legislation
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Author : Great Britain. Parliament. Joint Committee on Human Rights
language : en
Publisher: The Stationery Office
Release Date : 2008
Scrutiny Of Mental Health Legislation written by Great Britain. Parliament. Joint Committee on Human Rights and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
In this Report, the Joint Committee on Human Rights considers: the draft Mental Capacity Act 2005 Code of Practice; draft guidance on Bournewood patients (people who lack capacity to consent to the arrangements made for their care, where those arrangements amount to a deprivation of liberty); and the Government's approach to the Council of Europe Recommendation (2004/10) on the protection of the human rights and dignity of persons with mental disorder. This paper builds on two previous reports published by the Committee on the Mental Health Bill during its passage through Parliament in 2006-07 ('Legislative Scrutiny: Seventh Progress Report (HL 112 / HC 555)', ISBN 9780104010754; and 'Legislative Scrutiny: Mental Health Bill (HL 40 / HC 288)', ISBN 9780104010136), both of which are available to purchase below.
Government Response To The Report Of The Joint Committee On The Draft Mental Health Bill 2004
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Author : Great Britain: Department of Health
language : en
Publisher: The Stationery Office
Release Date : 2005-07-13
Government Response To The Report Of The Joint Committee On The Draft Mental Health Bill 2004 written by Great Britain: Department of Health and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-07-13 with Medical categories.
This is a response to the pre-legislative scrutiny of the draft Mental Health Bill. It is in two parts. The second, and major, part is the detailed response to all of the Committee's recommendations. It is preceded by a section sets out the background to proposed legislation.