Making healthcare decisions in a person's best interests when they lack capacity: clinical guidance based on a review of evidence.

ABSTRACT:

Objective

To clarify the concept of best interests, setting out how they should be ascertained and used to make healthcare decisions for patients who lack the mental capacity to make decisions.

Context

The legal framework is the Mental Capacity Act (MCA) 2005, which applies to England and Wales.

Theory

Unless there is a valid and applicable Advance Decision, an appointed decision-maker needs to decide for those without capacity. This may be someone appointed by the patient through a Lasting Power of Attorney, or a Deputy appointed by the court. Otherwise the decision-maker is usually the responsible clinician. Different approaches exist to surrogate decision-making cross-nationally. In England and Wales, decision-making is governed by the MCA 2005, which uses a person

SUBMITTER: Wade DT 

PROVIDER: S-EPMC6745603 | biostudies-literature | 2019 Oct

REPOSITORIES: biostudies-literature