A Practical Guide to the Mental Capacity Act 2005
Release Date:21 May 2015

A Practical Guide to the Mental Capacity Act 2005

Putting the Principles of the Act Into Practice

Jessica Kingsley Publishers

This book provides a theory-to-practice breakdown of the Mental Capacity Act 2005 and what its implications are for health and social care workers.

Informative and accessible, it provides a clear depiction of the ethos behind the Act and offers instruction for its effective, lawful and person-centred application. This practical guide describes how to assess capacity and what a good assessment of capacity should look like, how to deal with conflicts and dilemmas, and the role of legal authority in decision-making.

A Practical Guide to the Mental Capacity Act 2005 is an invaluable resource for any health and social care professionals working with individuals who lack decision-making capacity.

The Mental Capacity Act is widely considered to be a positive piece of legislation but often ignored or misused because of low levels of awareness and understanding. This book will help to rectify that because it provides a clear, comprehensive and accurate description of the Act that is essential reading for anyone working with people who may lack capacity. The authors understand the practical challenges of applying the law on a day to day basis because they both bring an enormous amount of experience of doing this themselves. By emphasising the positive benefits and principles of the Act the book should make a very valuable contribution to improving practice and ensuring the legal rights of people are properly respected and complied with.

– Toby Williamson, Head of Development & Later Life, Mental Health Foundation

Written by experienced practitioners in the field, this authoritative yet highly pragmatic book guides readers from all backgrounds expertly through a major piece of health and social care law. Starting from libertarian principles, Matt Graham and Jakki Cowley skilfully achieve their aim to demystify the MCA. They have made the statute, associated best practice guidance and case law easily accessible to those who need support navigating difficult and confusing decisions. Using a no nonsense style, together with a useful range of authentic case and best practice examples, the authors have created a highly useable hand book for the work place. Essential and recommended reading for anyone working within adult health and social care.

– Martin Vernon, Consultant Geriatrician and Clinical Director of Community Services, Central Manchester NHS Foundation Trust

This is indeed a practical guide to the Mental Capacity Act 2005, written in a very accessible manner, with many helpful examples throughout which clearly illustrate the principles being explained. It encourages practitioners to use the principles of the Act within their daily practice. It will be of use to staff and families who are living or working in a range of settings and is very relevant to a range of client groups, including people with intellectual disabilities and those with autism spectrum conditions. It keeps the person at the very centre of the process of consent, provides clear guidance around what needs to be considered at all stages, encourages reflective practice and highlights the importance of experts of experience.

– Dr Jill Bradshaw, Lecturer in Learning Disabilities, Tizard Centre

Matthew Graham MSc is Lecturer in Social Work at the University of Kent. He is a registered social worker and a member of the College of Social Work. Jakki Cowley is co-director of Empowerment Matters, an Advocacy and Mental Capacity Act Resource, Support and Information Agency. She is a committee member of the Court of Protection Practitioners Association (CoPPA). Both of the authors are leading trainers and educators on the Mental Capacity Act 2005 and specialise in delivering training which is accessible to all practitioners as well as service users and carers.
Introduction. 1. A New Culture of Care. 2. Maximising Capacity. 3. Assessing Capacity. 4. Advocacy and Empowerment. 5. Advance Care Planning. 6. Best Interests. 7. Liberty and choice.
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