Chapter

Legal aspects

Amanda Keeling

in Mental Health and Care Homes

Published on behalf of Oxford University Press

Published in print May 2011 | ISBN: 9780199593637
Published online February 2013 | e-ISBN: 9780191754722 | DOI: http://dx.doi.org/10.1093/med/9780199593637.003.0010
Legal aspects

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The main legal aspect surrounding the issue of mental health in care homes is the change in the law around mental capacity. Prior to the Mental Capacity Act (MCA) 2005, the law governing how we make decisions regarding the care, welfare, and finances of those who lack the capacity to make them themselves was relatively vague, reliant on a few cases which were slowly developing principles. The advent of the MCA 2005, which came into force in 2007, and the supplementary legislation of the recent Deprivation of Liberty Safeguards (DoLS), have dramatically changed the landscape for how we deal with individuals in our care, who cannot make decisions for themselves. This chapter aims to outline this legislation, and the impact it has on those caring for adults who lack capacity.

Chapter.  6141 words. 

Subjects: Psychiatry

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