Mental Capacity Casebook: Clinical Assessment and Legal Commentary PDF
Preview Mental Capacity Casebook: Clinical Assessment and Legal Commentary
“Dr Ryan-Morgan draws on her vast knowledge of the legal, clinical and ethical issues involved in this burgeoning area. The book provides guidance on the empirical literature yet at the same time highlights the dangers of relying solely on data in a reductionist way. The book places the client at the forefront and provides an invaluable ‘route map’ for those working within this field. As a consequence, this should be an invaluable text for practition- ers, expert witnesses and those in the legal profession seeking guidance in this complex and often challenging area.” – Dr Chris L Hamilton, Cons. Clinical Psychologist “The case studies in this book are admirably knotty, requiring the precise level of detailed assessment and consideration demanded of practitioners on the ground. The author is to be heartily congratulated on undertaking an important contribution to the field of mental capacity.” – Alex Ruck Keene, Barrister, 39 Essex Chambers “Clinicians and lawyers alike are certain to welcome this book which weaves together the complexity of clinical presentation, legal definition and case law. The assessment of mental capacity is a complex area where the fields of neuropsychology, mental health and the law overlap. This unique volume sets out guidance on how to structure complex capacity assessments with real examples set within the legal framework. An excellent, practical introduc- tion for those new to the field but also of great value to those who regularly work within medico-legal settings.” – Dr Sal Connolly, Head of Clinical and Neuropsychology, Ascot Rehabilitation Mental Capacity Casebook The Mental Capacity Act 2005 (MCA) provides a legal framework for acting on behalf of individuals who lack the capacity to make decisions for them- selves. The Mental Capacity Casebook showcases numerous real-life case studies in accordance to this Act. Through the exploration of various mental capacity assessments, this book highlights the psychological needs of the individuals who are supported and protected by the MCA (2005). Dr Tracey Ryan-Morgan, a Consultant Clinical Neuropsychologist, is the first to bridge the gap between the individual’s psychological requirements and the legal framework surrounding them. Not only does this book present true, often complex, mental capacity assessments, it does so with legitimate corre- sponding commentaries. Each case outlines the presented problem along with its background, social context, psychological matters, the overriding opinion and concluding learning points. This book provides a unique standpoint, offering insight into the complexi- ties of the Act and practical guidance on how to conduct assessments. It serves as essential reading for those looking for guidance whilst making complex capacity decisions, such as clinical neuropsychologists, social workers and legal professionals. Dr Tracey Ryan-Morgan is an HCPC Registered Consultant Clinical Neuro- psychologist, an Associate Fellow and Chartered Member of the British Psychological Society, as well as a Chartered Scientist, a Regional Fellow of the Royal Society of Medicine and is listed on the Specialist Register of Clinical Neuropsychologists. She has worked in the NHS, charity and independent sec- tors. Tracey has consulting rooms in Wales and London. Mental Capacity Casebook Clinical Assessment and Legal Commentary Dr Tracey Ryan-Morgan First published 2019 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2019 Dr Tracey Ryan-Morgan The right of Dr Tracey Ryan-Morgan to be identified as author of this work has been asserted by her in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data A catalog record has been requested for this book ISBN: 978-1-138-09789-6 (hbk) ISBN: 978-1-138-09792-6 (pbk) ISBN: 978-1-315-10466-9 (ebk) Typeset in Goudy by Swales & Willis Ltd, Exeter, Devon, UK To Cian & Ffin. Love always. To Kerry-Ann. For everything. To Glyn Edwards. This book is your fault . . . Contents Foreword xi Acknowledgements xiii PART I Introduction 1 1 Introduction to the Mental Capacity Act (2005) 3 2 The role of the psychologist in assessments of mental capacity 16 3 Guiding principles and common pitfalls 24 PART II Case presentations and commentaries 33 4 Capacity to make decisions about own finances 35 5 Capacity to make welfare decisions 54 6 Capacity to make and revoke a will (testamentary capacity) 83 7 Capacity to enter into a sexual relationship/capacity to marry 114 8 Capacity to make a lifetime gift 145 9 Capacity to consent to medical treatment (not considered life-saving) 157 10 Capacity to enter into proceedings/to litigate 176
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