| Assessing
Best Interest |
| If
no valid or applicable ADRT exists and the patient has lost
capacity it is a requirement to treat the patient in accordance
with their “Best Interests”. |
| Best
Interests, must include the following: |
- Encourage participation of the individual to improve
their ability to take part in a decision.
- Identify all relevant circumstances that the person who
lacks capacity would take into account if they were making
the decision themselves.
- Find out the persons views, including past and present
wishes and feelings that have been expressed verbally,
in writing, through behaviour or habits; any beliefs or
values that might be likely to influence the decision.
- Avoid discrimination e.g. age, appearance, condition
or behaviour.
- Assess whether the person might regain capacity e.g.
after receiving medical treatment. If so can the decision
be delayed?
- If the decision concerns life sustaining treatment it
must not be motivated by a desire to bring about the person’s
death
- Consult others including anyone previously named by the person e.g. carers, close family and friends, any appointed Lasting Power of Attorney. If decisions about major issues or treatments are to be made when none of the above are available an Independent Mental Capacity Advocate must be consulted. Professional standards of confidentiality must be maintained.
- Avoid restricting the person’s rights by considering
other options that may be less restrictive e.g. limiting
liberty
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