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Principle four
Actions or decisions carried out on behalf of someone who lacks capacity must be in that person’s own best interests.
Principle ve
Actions or decisions carried out on behalf of someone who lacks capacity should limit that person’s rights and freedom of action as little as possible.
WHAT IS MEANT
BY BEST INTERESTS?
The Act sets out several factors which must be taken into account when deciding what is in someone’s best interests. These include:
The person’s past and present wishes and feelings, and in particular any relevant written statement made by them when they had capacity; and
The person’s beliefs and values that would be likely to in uence their decision if they had capacity (which can include religious beliefs)
The decision maker must also take into account, if practicable and appropriate to do so:
The views of anyone named by the person as someone who should be consulted
Those who are engaged in caring for the person or are interested in their welfare; and
The donee of a Lasting Power of Attorney
This means that those who are making decisions on behalf of members of religious communities, should not simply be consulting that individual’s family or next of kin. In fact, there is no reference to family members under the
Act. The importance for the decision maker is to consider what is in the best interests of the person concerned and, in particular, the views that may have been expressed by that individual at a time when they did have capacity or
the person of persons that they may have appointed to speak on their behalf. Considering the views of those interested in the person’s welfare is a crucial part of deciding what is in that person’s best interests. If members of a religious
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