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Author: Kelly Purser Publisher: Springer ISBN: 3319543474 Category : Law Languages : en Pages : 202
Book Description
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.
Author: Kelly Purser Publisher: Springer ISBN: 3319543474 Category : Law Languages : en Pages : 202
Book Description
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.
Author: Janice A. Mackenzie Publisher: Routledge ISBN: 1000064158 Category : Psychology Languages : en Pages : 346
Book Description
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.
Author: Lynn A. Schaefer Publisher: Taylor & Francis ISBN: 1000602990 Category : Law Languages : en Pages : 225
Book Description
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.
Author: British Medical Association Publisher: John Wiley & Sons ISBN: 0470757302 Category : Medical Languages : en Pages : 236
Book Description
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.
Author: The British Medical Association Publisher: The Law Society ISBN: 190769823X Category : Languages : en Pages : 487
Book Description
The Law Society and British Medical Association have produced a new edition of their practical guidelines on the assessment of mental capacity for all professionals working with people who lack, or who may lack, capacity to make decisions.
Author: United States. National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research Publisher: ISBN: Category : Ethics, Medical Languages : en Pages : 614
Author: Alison Douglass Publisher: ISBN: 9781776562947 Category : Languages : en Pages :
Book Description
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.
Author: Kelly Purser
Author: Kelly Purser
Author: 
Author: Janice A. Mackenzie
Author: Lynn A. Schaefer
Author: British Medical Association
Author: 
Author: 
Author: The British Medical Association
Author: United States. National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research
Author: Alison Douglass