Mental Capacity in Practice

MCA: Some Things You Should Know About The Act

Best Interests Decision Making Preparation

  • Once the person has been assessed as lacking capacity to make the decision, the best interests checklist must be followed to make the decision.
  • Before you proceed, check if the person has an LPA for Health or if they have made an advanced decision for this heath issue and follow relevant guidance.
  • Check too if the person is entitled to an independent mental capacity advocate? Or will benefit from a general advocate?
  • Ask yourself again if the decision needs to be made now or if it can wait for a time when the person will be able to be better involved in the making the decision or be able to make the decision themselves.