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module menu icon Best interests

All actions or decisions taken on behalf of someone who lacks capacity must be done objectively and in their best interests. This includes:

  • Encouraging and permitting the person lacking capacity to take part (or improving their ability to take part) in decisionmaking, where possible
  • Identifying all the things which the person lacking capacity would have taken into account when making the decision
  • Finding out the person's views (e.g. present and past wishes, beliefs and values)
  • Avoiding discrimination based on age, appearance, condition or behaviour
  • Assessing whether the person might regain capacity. Capacity may be lost temporarily or may change over time, so it is important to consider whether capacity/ consent assessments can be reasonably delayed until capacity is restored
  • Not making assumptions about the person's quality of life if considering life-sustaining treatments (and not seeking the person's death)
  • Consulting carers, family members, etc, wherever practical and appropriate to do so
  • Avoiding restricting the person's rights
  • Taking all of the above into account when making decisions.

Two exceptions where these principles will not apply are when people have advance decisions in place to refuse medical treatment and when they are involved in research.

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