Making decisions : helping people who have difficulty deciding for themselves : a guide for legal practitioners.
- Great Britain. Lord Chancellor's Department
- Date:
- 2003
Licence: Open Government Licence
Credit: Making decisions : helping people who have difficulty deciding for themselves : a guide for legal practitioners. Source: Wellcome Collection.
10/40 page 8
![In cases of fluctuating or temporary incapacity (as in any other case) the lawyer needs to assess the person’s capacity to make a particular decision at the time the decision has to be made. Where possible, he or she should try to put off the decision until the person has recovered, and regained the capacity to make their own decision. Where it is likely that the person will have periods of incapacity, they may be able to plan for these in advance either by setting out their views about what should happen if a particular decision needs to be made, or by appointing someone to act on their behalf. 3. Best interests Generally, the law will allow another person (such as a family member or social care professional) to take day-to-day actions on behalf of someone who lacks capacity. These actions include buying shopping, paying bills or handing out tablets prescribed by a doctor. This is called the doctrine of necessity. In all cases the person taking basic day-to-day actions should act in the best interests of the person who lacks capacity. ‘Best interests’ means that the person’s known wishes and beliefs and their general well-being must be taken into account. In relation to medical treatment, the High Court has ruled that these are not confined to best medical interests, but must take into account ‘the patient’s values and preferences when competent, their well-being and quality of life, relationships with family or other carers, spiritual and religious welfare and their own financial interests.’ (Re S (Sterilisation: Patient’s best interests) [2000] 2 FLR 389). > 8](https://iiif.wellcomecollection.org/image/b32221824_0010.jp2/full/800%2C/0/default.jpg)
