Free Delivery for UK Orders
14 Day Money Back Guarantee
Secure Checkout

Mental Capacity: Law and Practice 3rd edition

Offers practical guidance on the Act and the challenges that the legislation poses.
In Stock
ISBN/ISSN: 9781784731601

Product description

Why you should buy Mental Capacity: Law and Practice

This new edition, edited by Gordon Ashton OBE, has been comprehensively revised by a team of experienced contributors to provide coverage of all the latest developments in legislation, procedure and case law. It includes an examination of the deprivation of liberty safeguards, the judicial Re X procedure, a new chapter on international matters and consideration of the UN Convention on the Rights of Persons with Disabilities.

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. It includes the text of the Mental Capacity Act 2005 (as amended) and the supplementary Codes of Practice.

This book is essential reading for all private client lawyers, chancery practitioners, non-contentious lawyers, local authorities and healthcare professionals.


District Judge Marc Marin, Nominated Judge of the Court of Protection, The Family Court and the County Court at Barnet and First Avenue House; Claire van Overdijk, Barrister, No 5 Chambers; Alex Ruck Keene, Barrister, 39 Essex Chambers; Martin Terrell, Partner, Thomson Snell & Passmore; Adrian D Ward, MBE, Partner, TC Young Turnbull & Ward, Scotland

Past Contributors

Penny Letts, OBE, Policy Consultant, Editor of Elder Law Journal; Laurence Oates, Official Solicitor to the Supreme Court 1999-2006


As the Mental Capacity Act 2005 approaches its 10th anniversary our mental capacity jurisdiction faces four significant challenges. Two relate to Conventions so concern the international credibility of our once ground-breaking approach to these universal issues. The other two are more concerned with the credibility of our Court of Protection which has grown and matured over its first 7 years and hopefully now found a permanent home. Read the full introduction...


It is 17 years since the Law Society’s Mental Health Sub-Committee (as it then was) first drew public attention to the legal vacuum in which people who lacked mental capacity were obliged to exist. This provoked the Law Commission to take this topic on board and, after several years of consultation, recommendations were made for a statutory mental incapacity jurisdiction. Different governments then pursued further consultation whilst lacking the will to introduce legislation, but pressures to do so became overwhelming with the introduction of community care policies, disability discrimination laws and ultimately human rights legislation. The Mental Capacity Act 2005 is the result, but a consequence of the changed climate is that it must meet higher standards then were expected when the need was first identified. Read the full preface...

Featured authors

Table of contents

  • Dedication
  • Preface to the First Edition
  • Introduction
  • Table of Cases
  • Table of Statutes
  • Table of Statutory Instruments
  • Table of European Materials
  • List of Abbreviations
  • Background
  • The Mental Capacity Jurisdiction
  • Lasting Powers of Attorney 
  • Powers of the Court 
  • Gifts, Statutory Wills and Settlements
  • Health Care and Welfare, IMCAs, Advance Decisions and Research
  • Deprivation of Liberty Safeguards
  • Court Practice and Procedure
  • The Public Guardian and Supporting Services
  • Miscellaneous 
  • The Margins of the MCA 
  • Other Jurisdictions
  • Appendices
    • Mental Capacity Act 2005
    • Mental Capacity Act 2005: Code of Practice 
    • Mental Capacity Act 2005: Deprivation of Liberty Safeguards Code of Practice Supplementing the main Mental Capacity Act 2005 Code of Practice
  • Index
Read the full contents