How should a best interest decision be made?
First of all it must be considered whether you may, at a later time, be able to make the decision. If so, is it possible to delay making the decision? A decision can not be based on your age, appearance, how you behave or your condition. You must be involved as much as possible in making the decision. It is important to know what you would do if you could make the decision, what your past and present wishes and feelings would be.
Who should be part of the best interest decision making?
Anyone you would like involved, family or friends. Also those who have Power of Attorney or are a Court Appointed Deputy. If the only people making the decision are paid professionals, then an IMCA must be in place to support you.
An IMCA is an Independent Mental Capacity Advocate who is independent for the care or treatment decision that has been made. They will make sure your views about the decision are made clear.
Does there have to be a best interest meeting?
Not for all best interest decisions, as long as all those who need to be part of the decision are involved. It is recommended that if it there are decisions regarding care or treatment then a meeting may be required. If action needs to be taken in an emergency there may not be time for the above steps to be taken, but all decisions taken must be shown to be in your best interests.
What must be considered when making a best interest decision?
All decisions that need to be taken will nearly always have different options to be thought about and considered. When discussing different options, it is important to consider how each choice might affect you in a positive and negative way.
Once all options have been discussed then the decision maker will make the best interest decision. All discussions must be written down including how the decision was made.
What if the person or others disagree with the decision?
The progress through the complaint procedures that are available, but if agreement can not be reached then it is possible to go to the Court of Protection for a decision to be made.