This easy-to-read book explains the nuts and bolts of the Mental Capacity Act 2005 that clinicians need to understand and use in their daily practice. This Act now gives all clinicians the authority to provide medical care and treatment for people over 16 years of age who lack the capacity to consent for themselves. It covers: how to assess whether a person lacks capacity and how to clarify the threshold of decision-making incapacity; the range, scope and limitations of the various authorities to treat (including 'best interests' decisions, advance decisions and lasting powers of attorney); the range of safeguards in place (such as the Deprivation of Liberty Safeguards (DoLs), the Court of Protection and Independent Mental Health Advocates); and relevant aspects of the Human Rights Act 1998, the Mental Health Act (including all recent amendments) and illustrative case law. There have been numerous developments in case law in the two years since the first edition. The second edition expands on clinically relevant issues from the courts, and assists in bridging the gap between court judgments and the frontline clinician.

A 'how to' book guiding clinicians through the mental health legislation that they need to understand and use in their daily practice, covering the Mental Health Act 1983 and subsequent amendments. This revised and updated edition incorporates new acts, such as the Policing and Crime Act 2017 and Mental Capacity (Amendment) Act 2019. It also covers the findings and implications from Professor Sir Simon Wessely's 2018 review of the Mental Health Act in a new chapter. Written by two leading psychiatrists with many years of experience in using the mental health legislation and in running mental health law courses, this book outlines how changes to statutes and case law have a direct bearing on day-to-day psychiatric practice and why it is important that clinicians of all disciplines have access to and understand the legislation. This is the go-to guide for all clinicians, doctors and nurses working in mental health services.