Chapter 13. Mental Capacity and Mental Disorder

  1. Bridgit Dimond

Published Online: 15 APR 2008

DOI: 10.1002/9780470697665.ch13

Legal Aspects of Mental Capacity

Legal Aspects of Mental Capacity

How to Cite

Dimond, B. (2008) Mental Capacity and Mental Disorder, in Legal Aspects of Mental Capacity, Blackwell Publishing Ltd, Oxford, UK. doi: 10.1002/9780470697665.ch13

Author Information

  1. Emeritus Professor, University of Glamorgan, Wales, UK

Publication History

  1. Published Online: 15 APR 2008
  2. Published Print: 1 JAN 2008

ISBN Information

Print ISBN: 9781405133593

Online ISBN: 9780470697665

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Keywords:

  • mental capacity;
  • mental disorder;
  • decision making;
  • learning disability;
  • mental capacity act (MCA)

Summary

This chapter contains section titled:

  • Introduction

  • Mental disorder

  • What are the main differences between the Mental Capacity Act 2005 and the Mental Health Act 1983 as amended by the 2007 Act?

  • Mental Capacity Act and exclusion of mental disorder

  • When is treatment regulated by Part 4 of the Mental Health Act 1983?

  • Exclusion of short term detained patients

  • Treatment for physical disorders

  • Section 37 (the provision of serious medical treatment by an NHS body and appointment of an independent mental capacity advocate (IMCA))

  • Section 38 (the provision of accommodation by an NHS body and the appointment of an IMCA)

  • Section 39 (the provision of accommodation by a local authority and the appointment of an IMCA)

  • Sections 39A, 39B and 39C of the Mental Capacity Act as added by the Mental Health Act 2007

  • Guidance for deputies appointed by the court

  • Which is the appropriate legislation to be used — MCA or MHA?

  • Restraint

  • Guardianship or community treatment order

  • Court of Protection

  • The Bournewood gap

  • Deprivation of liberty in other circumstances

  • The person's representative

  • Assessment

  • Assessors

  • Information to be provided with an application for authorisation

  • Ordinary residence

  • Conclusions

  • Reform of the Mental Health Act 1983

  • References