In the absence of a recorded advance care plan or advance decision, professionals will make decisions regarding a patient's care in the patient's best interests.
"One of the key principles of the [Mental Capacity] Act is that any act done, or decision made, for or on behalf of a person who lacks capacity must be done in that person's best interests.
The Act does not define the term 'best interests', instead it provides a checklist of common factors which must always be taken into account in a situation where a decision is being made for a person lacking capacity. These factors have been broadly summarised below;
It is important to remember that this checklist does not define best interests and is not exhaustive. More detailed information on best interests is available in chapter 5 of the Code of Practice."
Extract from the Office of the Public Guardian Assessing capacity and best interests
A working group is developing examples of real situations experienced in dealing with best interests cases and these will become available to share in spring 2009.
This guidance is intended to assist those supporting people who lack capacity to make their own decisions, whether they are day-to-day decisions or larger decisions. The document focuses its practice examples on the context of end of life care; however the practical tips and tools may be used for other support contexts too. The guidance will:
Authors: Christine Hutchinson and Julie Foster
(East Lancashire Teaching PCT and Central Lancashire PCT, May 2008)
