Principle four, of the five principles set out in the Mental Capacity Act 2005, states:
“An act done or decision made, under this Act, for or on behalf of a person who lacks capacity must be done, or made, in his best interests.”
In order for a decision to be in someone’s best interests the person making the decision must consider the following:
The principle covers all aspects of financial, personal welfare and healthcare decision-making and actions. It applies to anyone making decisions or acting under the provisions of the Mental Capacity Act 2005. This includes family carers, care workers, health and social care staff, attorneys appointed under a Lasting Power of Attorney or Enduring Power of Attorney, and deputies appointed by the Court of Protection.
The person who makes the decision is called the “decision maker”. Often this will be a care worker or a family member, but for decisions relating to medical treatment this is likely to be a medical professional and for decisions relating to e.g. housing this is likely to be the Local Authority.
The decision maker must talk with others involved with the person, and involve the person themselves as much as possible to get a good understanding and therefore make the best decision they can.
The rationale for any decision made should be clearly documented.