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Best interests decisions

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The Mental Capacity Act 2005 (MCA) says that anyone who makes a decision for you must act in your ‘best interests’. The MCA provides a list of things that must be considered when someone is deciding what’s in your ‘best interests’.

The list states that, amongst other things, the person making the decision must:

  • consider all the relevant information
  • consider your wishes and feelings (this includes anything you have said to other people and things you have written down)
  • consider any values and beliefs you have that would influence the decision
  • listen to the views of your family members, carers and other relevant people
  • not be motivated to bring about death when making decisions about life-sustaining treatment


Read our factsheet for more information on how decisions are made for me if I lack capacity