Best interests

Abstract

The Mental Capacity Act 2005 provides the legal framework within which we must now make decisions for adults who lack capacity to make decisions for themselves. It lays out a statutory test of capacity. If the person lacks capacity, it requires us to make decisions in their ‘best interests’, which means that a range of relevant factors must be considered and weighed up to come to a conclusion as to what is best for the person. The framework allows for others to be consulted and the previously known views of the person themselves to be considered. It also provides protection from liability for routine acts of care or treatment, providing that it can be demonstrated that the acts are in the person's best interests. It will require a change in the way that decisions are made and documented.