Trusts & Trustees Advance Access originally published online on June 16, 2008
Trusts & Trustees 2008 14(6):441-442; doi:10.1093/tandt/ttn057
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© The Author (2008). Published by Oxford University Press. All rights reserved.
Book Review |
Blackstone's Guide to the Mental Capacity Act 2005
Correspondence: *Jane Evans-Gordon, Barrister, New Square Chambers, Email: jane.evansgordon@newsquarechambers.co.uk; New Square Chambers, 12 New Square, Lincoln's; Inn, London, WC2A 3SW.
Blackstone's; Guide to the Mental Capacity Act 2005, 18th
By Professor Peter Bartlett, Feb 2008, Oxford University Press. Price: £39.95, ISBN: 978-0-19-923904-7
| The first 10% of the full text of this article appears below. |
The Mental Capacity Act 2005 (the Act) has made significant, almost revolutionary, changes to the nature of, way in which, and by whom, decisions are made for those lacking the capacity to do it themselves. The Act, which came fully into force on 1 October 2007, replaces Enduring Powers of Attorney1 with Lasting Powers of Attorney (LPAs); these, for the first time, enable donors to make binding decisions about their future care and welfare as well as the management of their financial affairs. We now have a statutory definition of capacity and best interests together with provisions for consultation with nominated persons. The Act enables donors to decide what medical treatment should be given to them in the future, such