Legal Basics -Best Interests Decisions under the Mental Capacity Act 2005

Understanding best interests for health and welfare where capacity is in question

During my recent involvement with the Covid Inquiry assisting a core participant with statement submissions, it became very evident that many people, health and care professionals included, do not understand the best interests process - which I found really scary. This brief ‘legal basics’ article seeks to address this, in the hope that it may assist anyone that finds themselves in a position where they need to argue for a best interests meeting. I have also included brief information about Lasting Power of Attorney (LPA) for health and welfare, as there is a connection between this document and best interest decisions.