What do we mean by best interests under the Mental Capacity Act 2005?

Under the Mental Capacity Act 2005 anything done on behalf of someone who lacks capacity to make the decision for themselves must be done in their best interests. But what does 'best interests' mean?

Making a decision in the individual's best interests requires the decision-maker to take into account all circumstances relevant to the decision and that individual, including any wishes they have expressed and their beliefs and values.  Depending on the individual's circumstances, understanding their wishes may involve some creativity in how information is presented to them or in the communication methods used (for instance, facilitating non-verbal communication).  But it is important that they are empowered to participate in decisions as far as practicable.  

Whether the individual might have capacity to make that decision at some time in the future is also an important 'relevant' consideration.  If it's likely that individual will soon be able to make the decision for themselves, a decision that keeps the individual's options open and/or 'holds the ring' until then is likely be in their best interests.

The decision-maker should consult with others who are interested in the individual's welfare (eg close family members) or who are otherwise involved in their care, nominated by the individual as someone to be consulted or who are appointed under a Lasting Power of Attorney or as a deputy for that individual. 

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