Mental Capacity Act Best Interest Decision

To be completed where an assessment has already been made that the person does NOT have capacity to make a specific decision or agree to a specific action. 

If a person does not have capacity, they cannot consent and therefore decisions / actions will need to be made on the basis of the individual’s best interest. 

Ensure that the following principles from the Mental Capacity Act are followed:

•	Any decision made or action undertaken must be in the person’s best interest

•	The least restrictive way must be used

Consultation must be undertaken with family and friends, anyone holding Lasting Power of Attorney (LPA) for Health & Welfare &/ or Finances, Enduring Power of Attorney, Court Appointed Deputy and an IMCA (Independent Mental Capacity Advocate) if appointed. 

NB if an LPA has been made for Health & Welfare then the person (s) named as holding the power of attorney will be the Decision Maker for all decisions related to healthcare and welfare. 

Best Interest Decision  	Hospital Number	 Date	
			
Patient Details	
Name	Alias	

Address	Gender	Marital status	

	Age	DOB	
			
Telephone number	Ethnicity	Religion	
		 	
GP	Consultant	

Communication needs	First language	

	  

	
If the person is ‘unbefriended’ and the decision is about 
•	Change of  accommodation 
•	Serious medical treatment 
•	Safeguarding concerns 
Then an IMCA (Independent Mental Capacity Advocate) must be appointed. 	Person ‘unbefriended’   Yes / No 
IMCA appointed            Yes / No
IMCA’s views recorded and report attached	
Is there a Lasting Power of Attorney (LPA)?
Health & Welfare  
Finance & Property	Who is the LPA?

Decision or Action that needs to be taken
Give full and precise details 	

	
Who is the Decision Maker?
This could be the LPA or a Professional	
Name:
	
Mental Capacity Assessment undertaken by                    Form attached 	
Name 		
Designation 		
Contact details 
Address
Telephone number 
Email address		
Dated 		
Best Interest Checklist	
Will the person regain the capacity to make this decision? 

If yes can the decision be safely delayed until the person regains capacity? 	Yes / No 
Details 

Has the person been involved as practically as possible 	Details 

	
Consideration has been given to 
•	The person’s past and present wishes and feelings (including any written statement previously made).

•	The beliefs and values that would have influenced the person if they had capacity.
	Details 	
Previous records have been consulted 
Identify which records and record relevant information. 
	Details 	
Family and friends have been consulted.
Give details and record their views

	Details 	
Consulted other staff as appropriate. 
Give details and record their views

	Details 	
Decision made 	
Best Interest Decision made after consideration of all the relevant factors 

	
Decision Maker 	
Name 		
Signature 		
Designation 		
Contact details 
Address
Telephone number 
Email address 		
Date