Assessment of Mental Capacity: Guidance for Doctors and - download pdf or read online

By British Medical Association

ISBN-10: 0727916718

ISBN-13: 9780727916716

This consultant on evaluate of individuals with a few kind of psychological impairment is a vast ranging record produced together via the British clinical organization and the legislations Society. it really is an authoritative assertion on a huge region. Its vast ranging insurance makes it crucial examining for those teams. the second one version has been revised all through to deliver it correct brand new with current requisites.

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Additional info for Assessment of Mental Capacity: Guidance for Doctors and Lawyers

Example text

A solicitor must therefore assess the client’s understanding in the context of the relevant legal test of capacity (as set out in Part III) and then consider whether the client is able to convey in general terms what he or she wants the solicitor to do. This does not mean that the client must be able to understand all the details of the law – it is the role of the lawyer to provide legal advice. It is also possible that the client may be clear about some aspects of a legal transaction or proceedings, while lacking capacity to deal with others.

6) a distinction was drawn between ordinary witnesses and expert witnesses. Ordinary witnesses are expected merely to state what they have seen or heard. When it comes to witnessing a signature on a document, an ordinary witness simply states that the document was signed by a person in his or her presence. Expert witnesses are in a different position, because they are invited not only to say what they have seen or heard but also to express an opinion. As was mentioned earlier, the law tends to regard medical practitioners as de facto experts on mental capacity.

The test would be substantially harder. It can be inferred from the decision in Re Beaney (deceased),8 confirmed by the Court of Appeal in Re W (Enduring Power of Attorney),9 that questions susceptible to the answers “yes” or “no” may be inadequate for the purpose of assessing capacity. 5 provides guidance for medical practitioners on the procedures to be followed when asked to witness documents. Solicitors instructed to draw up an EPA on behalf of a client must first be satisfied that the client has the required capacity, assisted by a medical opinion where necessary.

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Assessment of Mental Capacity: Guidance for Doctors and Lawyers by British Medical Association


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