The best interests guide we do in Chambers has been updated to take account of developments since the last iteration in April 2019. As before, it covers: (a) how to apply the MCA
2005 principles when assessing best interests; and (b) how to record your assessment, primarily in the context of health and welfare decisions. It also includes guidance on two key areas that give rise to difficulty in practice: (a) who is the decision-maker; and (b) when is a decision (not) a best interests decision.
The best interests guide is a companion to our guide to determining and recording capacity.