The MCA Code 5.3 states 'working out a person’s best interests is only relevant when that person has been assessed as lacking or is reasonably believed to lack, capacity to make the decision in question or give consent to an act being done'. Confirm that a capacity assessment has established the person lacks the capacity to make this decision if one has not you cannot proceed with a best interest’s decision. Service User Name (required) LL Number Best Interest Decision Making: Step 1: who are you going to consult? Has the Service user appointed a Lasting Power of Attorney? YesNo POA Name Does the person have a Next of Kin/ Person who can inform decision making? YesNo NOK Name Determination of Best Interest Decision: Step 2: views of the Service user, professionals, and interested others What are the issues that are most relevant to the person who lacks capacity? What are the Service users past and present wishes and feelings? E.g written statements. What are their values and beliefs (eg. religious, cultural, moral) in relation to this decision? Are there any other “relevant circumstances” that should be taken into account in this case? What are the views of significant others, including family, friends, IMCA, carers, LPA etc, identify those consulted and their relationship? If no-one consulted give reason why. Are there any conflicts or disagreements? If so what steps can be taken to resolve this disagreement? Best Interest Decision Summary: Step 3: Final decision In consideration of the above and all relevant factors what is the final decision? Summarise the reasoning behind the decision and why this decision would be in the Service user’s best interests: Decision Makers Decision Makers Signature Decision Makers Role: Signature
