Box 2.

Determining best interests

To determine a patient's best interests, the Mental Capacity Act says that healthcare professionals should:
  • not discriminate or make assumptions on the basis of the person's age, appearance, condition or behaviour

  • consider whether the person will at some time regain capacity and, if this is likely, whether the decision could be postponed

  • encourage participation by doing whatever is possible to permit or encourage the person to take part

  • not be motivated by a desire to bring about the person's death where the decision relates to life-sustaining treatment

  • consider all the relevant circumstances by trying to identify the things the person lacking capacity would take into account if they were making the decision themselves

  • find out the person's views, including their past and present wishes and feelings, and any beliefs or values that might influence their decision if they had capacity; this should include consulting family, carers and anyone granted a lasting power of attorney.