Best interests

Any decision taken on behalf of someone lacking the capacity to make it themselves must be made in their “best interests”.

When establishing what would be in a person’s best interests consideration should be given to their present and past wishes and feelings, the beliefs and values that would be likely to influence their decision, relevant written statements made by them when they had capacity and any other factors which they would be likely to consider if they were able to do so.

Involving the person lacking capacity as much as is reasonably practicable, along with consulting those close to that person in respect of any decisions, is also key.

If you would like to discuss issues relating to the best interests of someone lacking capacity then please contact us.