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 their best interests
Only once the individual has been deemed to lack capacity to make a decision, can it be taken out of their hands and any decision taken must be in the best interests of the individual. Determining what is in an individual’s best interests can be a complicated and multifaceted matter, dependent on many factors in that individual’s circumstances. It should take into consideration their wellbeing in a holistic manner, not simply focusing on what’s in their interests of their physical health, but their social, psychological and emotional wellbeing. One also needs to consider the individual’s past actions or wishes, which includes any advanced statement or directive they have made.
See Section 3 for more information and resources to assist in making best interest decisions where they are required.
A case study example is available to support this information - Best Interests, views and wishes