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The Spaces Of Mental Capacity Law
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Book Synopsis The Spaces of Mental Capacity Law by : Beverley Clough
Download or read book The Spaces of Mental Capacity Law written by Beverley Clough and published by Routledge. This book was released on 2021-10-21 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Mental Capacity in Relationship by : Camillia Kong
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.
Book Synopsis A Casebook of Mental Capacity in US Legislation by : Lynn A. Schaefer
Download or read book A Casebook of Mental Capacity in US Legislation written by Lynn A. Schaefer and published by Taylor & Francis. This book was released on 2022-06-30 with total page 225 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 while 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. This casebook will be useful for clinical psychologists in practice, researchers and students seeking to understand how to perform capacity assessments, as well as other related healthcare professionals. It is further aimed at legal professionals to utilize as a reference that details how individual types of capacity are defined and assessed.
Book Synopsis The Future of Mental Health, Disability and Criminal Law by : Kay Wilson
Download or read book The Future of Mental Health, Disability and Criminal Law written by Kay Wilson and published by Taylor & Francis. This book was released on 2023-09-15 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together contributions from twenty-three world-leading scholars and commentators that address a range of contemporary and pressing international themes in mental health, disability and criminal law. The authors use the work of internationally renowned academic, Emeritus Professor Bernadette McSherry, as a springboard to reflect on recent developments in these areas of law and to anticipate the future directions they may take. In doing so, they aim to inform and inspire a new generation of mental health, disability and criminal law scholars, advocates and reformers. The book is divided into four substantive sections: reforming mental health and disability law; regulating coercion and restrictive practices; improving access to justice and the criminal law; and transforming mental health law. It also includes an introduction from the editors and an afterword from Emeritus Professor McSherry. The book is aimed at regulators, policymakers, lawyers, clinicians, consumer advocates and academics who are interested in the urgent and contentious issues surrounding the reform and development of mental health, disability and criminal law. It will help them understand the key issues and problems and presents suggestions for reform. The book is interdisciplinary and international in its focus.
Book Synopsis Assessment of Mental Capacity by : The British Medical Association
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 368 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.
Book Synopsis Legal Aspects of Mental Capacity by : Bridgit C. Dimond
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 2016-02-17 with total page 1167 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 Mental Capacity written by Gordon Ashton and published by Jordan Publishing (GB). This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition has been comprehensively revised by a team of experienced contributors to provide coverage of all the latest developments in legislation, procedure and case law, including: The reissued Court of Protection Rules (and accompanyingPractice Directions) which took effect in December 2017; The Law Commission Recommendations on Deprivation of Liberty; A completely new chapter on the important topic of Representation and Participation of P; An extensively updated chapter on the International Protection of Adults, with the addition of a new section on Ordinary Residence. Mental Capacity: Law and Practice provides an authoritative commentary, 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, non-contentious lawyers, local authorities and healthcare professionals.
Book Synopsis Capacity, Participation and Values in Comparative Legal Perspective by : Camillia Kong
Download or read book Capacity, Participation and Values in Comparative Legal Perspective written by Camillia Kong and published by Policy Press. This book was released on 2023-05 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: With contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law. The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices currently exist. By providing a detailed comparison of how legal and ethical commitments to persons with disabilities are framed in capacity law across different national systems, the book highlights the values and practices that could lead to changes that better respect persons with disabilities in mental capacity regimes.
Book Synopsis Neurointerventions and the Law by : Nicole A Vincent
Download or read book Neurointerventions and the Law written by Nicole A Vincent and published by Oxford University Press. This book was released on 2020-03-20 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume makes a contribution to the field of neurolaw by investigating issues raised by the development, use, and regulation of neurointerventions. The broad range of topics covered in these chapters reflects neurolaw's growing social import, and its rapid expansion as an academic field of inquiry. Some authors investigate the criminal justice system's use of neurointerventions to make accused defendants fit for trial, to help reform convicted offenders, or to make condemned inmates sane enough for execution, while others interrogate the use, regulation, and social impact of cognitive enhancement medications and devices. Issues raised by neurointervention-based gay conversion "therapy", efficacy and safety of specific neurointervention methods, legitimacy of their use and regulation, and their implications for authenticity, identity, and responsibility are among the other topics investigated. Dwelling on neurointerventions also highlights tacit assumptions about human nature that have important implications for jurisprudence. For all we know, at present such things as people's capacity to feel pain, their sexuality, and the dictates of their conscience, are unalterable. But neurointerventions could hypothetically turn such constants into variables. The increasing malleability of human nature means that analytic jurisprudential claims (true in virtue of meanings of jurisprudential concepts) must be distinguished from synthetic jurisprudential claims (contingent on what humans are actually like). Looking at the law through the lens of neurointerventions thus also highlights the growing need for a new distinction between analytic jurisprudence and synthetic jurisprudence to tackle issues that increasingly malleable humans will face when they encounter novel opportunities and challenges.
Book Synopsis Mental Capacity in Relationship by : Camillia Kong
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 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent legal developments challenge how valid the concept of mental capacity is in determining whether individuals with impairments can make decisions about their care and treatment. Kong defends a concept of mental capacity but argues that such assessments must consider how relationships and dialogue can enable or disable the decision-making abilities of these individuals. This is thoroughly investigated using an interdisciplinary approach that combines philosophy and legal analysis of the law in England and Wales, the European Court of Human Rights, and the United Nations Convention on the Rights of Persons with Disabilities. By exploring key concepts underlying mental capacity, the investigation concludes that both primary relationships and capacity assessments themselves must display key competencies to ensure that autonomy skills are promoted and encouraged. This ultimately provides scope for justifiable interventions into disabling relationships and articulates the dialogical practices that help better situate, interpret, and understand the choices and actions of individuals with impairments.
Book Synopsis Mental Capacity by : Arthur C. Walsh
Download or read book Mental Capacity written by Arthur C. Walsh and published by Shepards/McGraw-Hill. This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Handbook of Mental Health and Space by : Laura McGrath
Download or read book The Handbook of Mental Health and Space written by Laura McGrath and published by Routledge. This book was released on 2018-09-19 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of Mental Health and Space brings together the psychosocial work on experiences of space and mental distress, making explicit the links between theoretical work and clinical and community practice. The change from an institutional to community care model of mental health services can be seen as a fundamental spatial change in the lives of service users, and the book aims to to stimulate discussion about mental healthcare spaces and their design.With contributions from those involved in theorizing space, those drawing on their own experiences of distress and space, as well as practitioners working on the ground,the book will be of interest to mental health practitioners and academics.
Book Synopsis Medicine, patients and the law by : Emma Cave
Download or read book Medicine, patients and the law written by Emma Cave and published by Manchester University Press. This book was released on 2023-06-06 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: Embryo research, cloning, assisted conception, neonatal care, pandemic vaccine development, saviour siblings, organ transplants, drug trials – modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up. In this highly acclaimed and very accessible book Margaret Brazier, Emma Cave and Rob Heywood provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy. The seventh edition of this book has been fully revised and updated to cover the latest cases, Brexit-related regulatory reform and COVID-19 pandemic measures. Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine, patients and the law.
Book Synopsis Mental Health and Human Rights by : Michael Dudley
Download or read book Mental Health and Human Rights written by Michael Dudley and published by Oxford University Press. This book was released on 2012-06-21 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: People with mental disorders often suffer the worst conditions of life.This book is the first comprehensive survey of the mental health/human rights relationship. It examines the relationships and histories of mental health and human rights, and their interconnections with law, culture, ethnicity, class, economics, biology, and stigma.
Book Synopsis Legal Aspects of Mental Capacity by : Bridgit C. Dimond
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 2016-02-17 with total page 376 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.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Mental Health Law written by Kay Wilson and published by Oxford University Press. This book was released on 2021 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate about whether mental health law should be abolished or reformed emerged during the negotiations of the Convention on the Right of Persons with Disabilities (CRPD) and has raged fiercely for over a decade. It has resulted in an impasse between abolitionists, States Parties, and other reformers and a literature which has devolved into 'camps'. Mental Health Law: Abolish or Reform? aims to break new ground by cutting through the confusion using the tools of human rights treaty interpretation backed by a deep jurisprudential analysis of core CRPD concepts - dignity (including autonomy), equality, and participation - to gain a clearer understanding of the meaning of the CRPD and what it requires States Parties to do. In doing so, it sets out the development of mental health law and is unique in tracing the history of the abolitionist movement and how nad why it has emerged now. By digging deeper into the conceptual basis of the CRPD and developing the 'interpretive compass' based on those three core CRPD concepts, the book aims to flesh out a broader vision of disability rights and move the debate forward by evaluating the three main abolition and reform options. Drawing on jurisprudential and multi-disciplinary research from philosophy, medicine, sociology, disability studies, and history, it argues compassionately and sensitively that mental health law should not be abolished, but should instead be significantly reformed to minimize coercion and maximize the support and choices given to persons with mental impairments to realize all of their CRPD rights.
