What the Law Says

Sometimes, best interests decisions about care or treatment for someone who lacks capacity to make those decisions for themselves can […]

Where a person has capacity for a decision about specific medical treatment now, they can make an Advance Decision to

“Best interests” decision-making should always be collaborative. Whoever is the best interests decision-maker, there is an obligation in the MCA

The decision about who is the best interests decision-maker is a crucial point, and the unhelpful answer is that it

For decisions about health and welfare, the Mental Capacity Act (MCA) applies to everyone over the age of 16 years.

Valid consent for treatment or care can normally come from anyone who holds parental responsibility [1]. The expectation is that someone

Valid consent for treatment or care is essential. Without it, professionals delivering that treatment or care could be committing a

This is based on professional assessment of needs, clinical appropriateness, and, inevitably, competing demands for finite resources. An adult patient