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'Best Interests'- how to decide?

Date:18 NOV 2019

I act as a Deputy for many clients young and old with different needs requests and expectations. I manage their money and need to make best interest decisions daily.

When a client lacks capacity to make a particular decision then it’s my job to help support them in making that decision. If they can’t make a particular financial decision then I become the ‘decision maker’.

The law

The Mental Capacity Act 2005 (the Act) sets out five key principles and how they should be applied when acting for a person who lacks capacity.

The Act states: “An act done or decision made under this Act for or on behalf of a person who lacks capacity must be done or made in his best interest”. This is one of the five key principles.

Interesting the term 'best interests' is not defined in the Act. However this principle is a crucial part of the Act and must be central to any decision made by me as a Deputy.

The Act despite not defining best interests does give a checklist of key factors to consider when working out what is in...

Read the full article here.