Any act done or decision made on behalf of a person who lacks mental capacity must be done in his or her best interests and regard must always be had as to whether the acts or decisions could be achieved in a less restrictive way.
Best interests decisions must take account of:
- Whether the person concerned is likely to regain capacity in relation to the decision in question
- The participation of the person in the decision as far as this is practicable
- In cases of life-sustaining treatment the decision must not be motivated by a desire to bring about the person’s death
- The past and present feelings and beliefs of the person
- The views of people engaged in caring for the person or in his or her welfare or any person holding an Enduring or Lasting Power of Attorney or a court appointed deputy