Defining Best Interests

Your 'best interests' are not defined explicitly by the Mental Capacity ActMental Capacity Act, as they differ uniquely for each individual. However, certain steps must be taken in your best interest if you're unable to make decisions about your care and treatment.

Checklist for Best Interests

Here's what should be considered to ensure actions and decisions are made in your best interest:

• Understanding Your Wishes and Feelings : Consideration of your present and past wishes, including your values and beliefs.
• Assessing the Circumstances : Evaluating all aspects relevant to your situation.
• Future Capacity Considerations : Determining if the decision can be delayed.
• Promoting Your Participation : Ensuring you're involved in decisions affecting you as much as possible.
• Incorporating Views of Others : Taking into account the perspectives of concerned individuals.
• Addressing Unique Circumstances : Considering any additional factors pertinent to your specific situation.

Acting in Your Best Interests

Under the Mental Capacity Act, individuals are authorised to make certain decisions about your care and treatment in your best interests. This section covers what rights are available and the process for making decisions, including when and how to involve the Court of Protection.

Use of Restraint in Your Best Interests

The Act acknowledges that physical restraint may be necessary to prevent harm if you're unable to make certain decisions. This section outlines the conditions under which restraint is considered appropriate and the legal procedures that must be followed to ensure your liberty is not unlawfully deprived.