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capacity must be made in their best interests. The MCA does not define best interests. Instead, it sets out a process to be followed when making a decision. In most circumstances it will be clear where the individual’s best interests lie, and a decision as to care or treatment will not
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Aug 11, 2020 · When a person lacks capacity to make a particular decision at the time the decision needs to be made, all actions and decisions taken by practitioners must be in the person's best interests. This principle covers all aspects of financial, personal welfare and healthcare decision making and actions.
All written records of Best Interests decisions should be kept on the person's file. Where the implementation of a decision and the provision of the routine care and treatment require others to make regular choices in the person's Best Interests, a more proportionate record of decision making can be made.
- 1.1 Overarching principles. Recommendations for service providers and commissioners. 1.1.1 Service providers and commissioners should ensure that practitioners undergo training to help them to apply the Mental Capacity Act 2005 and its Code of Practice.
- 1.2 Supporting decision-making. 'A person is not to be treated as unable to make a decision unless all practicable steps to help him do so have been taken without success.'
- 1.3 Advance care planning. Advance care planning involves helping people to plan for their future care and support needs, including medical treatment, and therefore to exercise their personal autonomy as far as possible.
- 1.4 Assessment of mental capacity. 'A person must be assumed to have capacity unless it is established that he lacks capacity.' (Principle 1, section 1(2), Mental Capacity Act 2005.)
Health professionals must act in your best interests before taking certain steps that affect your care and treatment. The Mental Capacity Act has a best interests checklist, which outlines what health professionals need to consider before taking an action or decision for you while you lack capacity.
DETERMINING AND RECORDING BEST INTERESTS. December 2021. A: Introduction. view of the relevant law and principles. Its focus is on: (a) how to apply the MCA 2005 principles when assessing best interests; and (b) how to record your assessment, primarily in the context of health and welfare decisions.1 It is a companion to our gui.
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Jun 6, 2019 · To clarify the concept of best interests, setting out how they should be ascertained and used to make healthcare decisions for patients who lack the mental capacity to make decisions. Context: The legal framework is the Mental Capacity Act (MCA) 2005, which applies to England and Wales.
