Best interests and checklist
The Mental Capacity Act gives a checklist of things to take into account when making a decision for someone who lacks capacity or for carrying out an act on their behalf.
Checklist:
- Encourage the person to take part as much as possible
- Identify all relevant circumstances
- Find out the person's past and present wishes, feelings, beliefs, values and any other factors they would be likely to consider if they had capacity, including any advanced statements
- Do not make assumptions based on the person's age, appearance, condition or behaviour
- Assess whether the person might regain capacity
- If the decision concerns life-sustaining treatment then the best interests decision should not be motivated by the desire to bring about the person's death
- Consult with others where it is practical and appropriate to do so. This includes anyone previously named as someone to be consulted; anyone engaged in caring for the person; close friends, relatives or others with an interest in the person's welfare; any attorney and any Deputy appointed by the Court.
- Avoid restricting the person's rights by using the least restrictive option
- Abide by any valid advanced decision
Contact us
The Office of the Public Guardian and the Court of Protection
Archway Tower
2 Junction Road
London N19 5SZ
Telephone 0845 330 2900
Fax 020 7664 7705
Textphone 020 7664 7755
Website www.publicguardian.gov.uk