Guidance notes for completing Best Interest Decision Record
For specific decision where individual lacks capacity to make the decision themselves
• This form should only be used after a capacity assessment has been completed and recorded on Mental Capacity Assessment form (Form 1). Refer to the Mental Capacity Act (MCA) Code of Practice (COP) 2005 if you require more detailed guidance.
• Ensure you have considered the last two principles of the MCA (No.4&5):
4. All the acts done / decisions made on behalf of someone who lacks capacity must be in the BEST INTERESTS of the person concerned.
BEST INTEREST CHECKLIST
• Consider if the person may have capacity at some other time.
• Must not make assumptions about someone’s best interest merely on basis of age, appearance, condition or any aspect of their behaviour. No discrimination.
• Must consider all the relevant circumstances related to this specific decision
• Must involve the person who lacks capacity.
• Have regard for past and present wishes and feelings
• Consult with others who are involved in the care of the person.
• If a decision concerns the provision or withdrawal of life-sustaining treatment the decision maker must not be motivated by a desire to bring about the person’s death
5. All the acts done / decisions made on behalf of someone who lacks capacity should be the least restrictive of their basic rights and freedom
The person making the decision on behalf of the person who lacks capacity should complete this form. The form should be filed with a copy of the capacity assessment.
What is the decision to be made?
Copy the decision from the capacity assessment
Who is the decision maker?
Is there an appropriate Lasting Power of Attorney (LPA) or Deputy?
If there is they will need to adhere to the MCA Code of Practice and Best Interest Principles.
If not then name the appropriate professional. E.g. Home manager, GP, social worker...