The Mental Capacity Act 2005 (MCA) provides a legal framework for acting on behalf of individuals who lack the capacity to make decisions for themselves. 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.
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 corresponding 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 complexities 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.
Table of Contents
PART One: Introduction
- Introduction to the Mental Capacity Act (2005)
- The Role of the Psychologist in Assessments of Mental Capacity
- Guiding Principles and Common Pitfalls
- Capacity to Make Decisions about own Finances
- Capacity to Make Welfare Decisions
- Capacity to Make and Revoke a Will (Testamentary Capacity)
- Capacity to Enter into a Sexual Relationship/ Capacity to Marry
- Capacity to Make a Lifetime Gift
- Capacity to Consent to Medical Treatment (Not Considered Life-saving)
- Capacity to Enter into Proceedings/to Litigate
- Capacity to Plead/ Stand Trial
- Deprivation of Liberty Safeguards (DoLS), Cheshire West and Positive Risk Management
- Summary of Key Learning Points and Guidance on the Application of Transferable Knowledge
PART Two: Case Presentations and Commentaries
Dr. Tracey Ryan-Morgan is a HCPC Registered Consultant Clinical Neuropsychologist, 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 listed on the Specialist Register of Clinical Neuropsychologists. She has worked in the NHS, Charity and Independent sectors. Tracey has consulting rooms in Wales and London.
"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 practitioners, 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 introduction 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
"This books makes a novel contribution to the existing literature on mental capacity [...] provides a very useful starting point [...] and will be readily updatable in future as the case law develops." - Dr Gaby Parker, Consultant Clinical Psychologist Hertfordshire Community NHS Trust & Independent Practice, The Neuropsychologist