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.
|