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Examining the legal structure of the mental health system, this book explains the legal principles. It places them in the context of their practical application, the realities of patient life, and the complexities of organising care. This edition gives an analysis of the Mental Capacity Act, 2005 and the Draft Mental Health Bill.
Provides practical solutions for ending coercion in mental health care and realizing the universal right to legal capacity.
Trainees consistently mentioned how helpful it was to have laws relevant to their clinical practice explained in a way that removed the mystery and anxiety associated with lawyers, courts, and judges. Each volume in the series sets forth, in a clear, straightforward, and user-friendly manner, pertinent legislation and court cases, covering why the law was written, what the law says, and how the law affects clinical practice.
Slobogin, Hafemeister, and Mossman's Law and the Mental Health System, Civil and Criminal Aspects, 6th offers a wide-ranging, in-depth coverage of how the legal system responds to challenges posed by persons with mental disorders. It features a sophisticated interdisciplinary treatment of the law and literature relating to regulation of the mental health professions, the government's authority to deprive people with mental disorders of their liberty and property and its obligation to provide support for people with mental disorders and protect them from discrimination. The new edition is enhanced by the addition of two new authors, Thomas L. Hafemeister, J.D., Ph.D., and Douglas Mossman, M.D. They join Christopher Slobogin, J.D., LL.M, and Ralph Reisner.
This leading textbook provides a comprehensive treatment of the law governing people with mental disability and the mental health professions. The fifth edition continues to provide teachable and thought-provoking legal, clinical and empirical materials for a number of different courses, including mental disability law, law and the mental health professions, and criminal mental health law. New with this edition are extensive materials on the Virginia Tech shooting, the Supreme Court opinions in Clark v. Arizona, Panetti v. Quarterman, and Indiana v. Edwards and recent case law on the right to refuse treatment, as well as updates on federal confidentiality rules; expertise/Daubert issues; civil commitment; competency, sexual predator, and capital sentencing law; and the Individuals with Disabilities Education Act and the ADA. Accompanied by a teacher's manual.
Trainees consistently mentioned how helpful it was to have laws relevant to their clinical practice explained in a way that removed the mystery and anxiety associated with lawyers, courts, and judges. Each volume in the series sets forth, in a clear, straightforward, and user-friendly manner, pertinent legislation and court cases, covering why the law was written, what the law says, and how the law affects clinical practice.
Mental health laws exist in many countries to regulate the involuntary detention and treatment of individuals with serious mental illnesses. 'Rights-based legalism' is a term used to describe mental health laws that refer to the rights of individuals with mental illnesses somewhere in their provisions. The advent of the United Nations Convention on the Rights of Persons with Disabilities makes it timely to rethink the way in which the rights of individuals to autonomy and liberty are balanced against state interests in protecting individuals from harm to self or others. This collection addresses some of the current issues and problems arising from rights-based mental health laws. The chapters have been grouped in five parts as follows: - Historical Foundations - The International Human Rights Framework and the United Nations Convention on the Rights of Persons with Disabilities - Gaps Between Law and Practice - Review Processes and the Role of Tribunals - Access to Mental Health Services Many of the chapters in this collection emphasise the importance of moving away from the limitations of a negative rights approach to mental health laws towards more positive rights of social participation. While the law may not always be the best way through which to alleviate social and personal predicaments, legislation is paramount for the functioning of the mental health system. The aim of this collection is to encourage the enactment of legal provisions governing treatment, detention and care that are workable and conform to international human rights documents.
Psychiatrists, Approved Social Workers and Mental Health Nurses require a clear understanding of mental health legislation and case law in addition to clinical knowledge for their practice. All this information, and more, is provided in Mental Health Law: a practical guide. Multi-disciplinary in approach, this book provides all you need to kno
Family Guide to Mental Illness and the Law offers the nuts-and-bolts legal information and problem-solving steps families need. This accessible resource explains how common legal issues uniquely impact people with various forms of mental illness and what family members can do to help.