Mental Incapacity
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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.
Mental Health Incapacity And The Law In Scotland
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Author : Jill Stavert
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-12-16
Mental Health Incapacity And The Law In Scotland written by Jill Stavert and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-16 with Law categories.
This highly regarded book is a comprehensive and up to date guide to mental health law in Scotland. Every aspect of mental health law is explained, including tribunal procedure, procedures for adults with incapacity, community care, patients' rights and legal remedies for when things go wrong. Mental health and incapacity law affect not just those subject to compulsory orders, but everyone with a mental health problem, dementia or a learning disability.
Manifest Madness
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Author : Arlie Loughnan
language : en
Publisher: Oxford University Press
Release Date : 2012-04-19
Manifest Madness written by Arlie Loughnan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-19 with Law categories.
Bringing together previously disparate discussions on criminal responsibility from law, psychology, and philosophy, this book provides a close study of mental incapacity defences, tracing their development through historical cases to the modern era.
The Spaces Of Mental Capacity Law
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Author : Beverley Clough
language : en
Publisher: Routledge
Release Date : 2021-10-21
The Spaces Of Mental Capacity Law written by Beverley Clough and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-21 with Law categories.
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.
Mental Incapacity
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Author : Great Britain. Law Commission
language : en
Publisher:
Release Date : 1995
Mental Incapacity written by Great Britain. Law Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with categories.
Mental Incapacity
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Author : Great Britain. Law Commission
language : en
Publisher:
Release Date : 1995-01-01
Mental Incapacity written by Great Britain. Law Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-01-01 with Capacity and disability categories.
Mental Incapacity
Manifest Madness Mental Incapacity In The Criminal Law
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Author : Arlie Loughnan
language : en
Publisher: OUP Oxford
Release Date : 2012-04-19
Manifest Madness Mental Incapacity In The Criminal Law written by Arlie Loughnan and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-19 with Law categories.
A PDF version of this book is available for free in open access via www.oup.com/uk as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project. Whether it is a question of the age below which a child cannot be held liable for their actions, or the attribution of responsibility to defendants with mental illnesses, mental incapacity is a central concern for legal actors, policy makers, and legislators when it comes to crime and justice. Understanding mental incapacity in criminal law is notoriously difficult; it involves tracing overlapping and interlocking legal doctrines, current and past practices of evidence and proof, and also medical and social understandings of mental illness and incapacity. With its focus on the complex interaction of legal doctrines and practices relating to mental incapacity and knowledge - both expert and non-expert - of it, this book offers a fresh perspective on this topic. Bringing together previously disparate discussions on mental incapacity from law, psychology, and philosophy, this book provides a close study of this terrain of criminal law, analysing the development of mental incapacity doctrines through historical cases to the modern era. It maps the shifting boundaries around abnormality as constructed in law, arguing that the mental incapacity terrain has a distinct character - 'manifest madness'.
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
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.
Shunned
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Author : Graham Thornicroft
language : en
Publisher: Oxford University Press
Release Date : 2006
Shunned written by Graham Thornicroft and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Medical categories.
People with mental illness commonly describe the stigma and discrimination they face as being worse than their main condition. Discrimination can pervade every part of their daily life - their personal life, working life, sense of citizenship, their ability to maintain even a basic standard ofliving. Though things have certainly improved in the past 50 years, discrimination against the mentally ill is still a major problem throughout the world. It can manifest itself in subtle ways, such as the terminology used to describe the person or their illness, or in more obvious ways - by the waythe mentally ill might be treated and deprived of basic human rights. Should we just accept such discrimination as deeply rooted and resistant to change, or is this something that we can collectively change if we understand and commit ourselves to tackling the problem?Shunned presents clearly for a wide readership information about the nature and severity of discrimination against people with mental illness and what can be done to reduce this. The book features many quotations from people with mental illness showing how this has affected their home, personal,social, and working life. After showing, both from personal accounts and from a thorough review of the literature, the nature of discrimination, the book sets out a clear manifesto for change.Written by a leading figure in mental health in a lively and accessible manner, the book presents a fascinating and humane portrayal of the problem of stigma and discrimination, and shows how we can work to reduce it.