Best Interests Decision Making - Live at Your Desk With Tim Spencer-Lane

Introduction

The Mental Capacity Act provides for best interests decisions to be made for and on behalf of those who lack the capacity to make the decision themselves.

At its heart, the best interests decision making process under the Act establishes a framework that enables the consideration of a range of factors, including the person’s past and present wishes and feelings, the views of others and clinical benefits and protection from harm.

With an increasingly aging population, this live broadcast session will explain the best interests decision making process in straightforward and comprehensible terms.

The session is aimed at private client lawyers whose clients lack capacity to make particular decisions, plus local authority lawyers and other advisers who come into contact with older and disabled people or family carers.

What You Will Learn

This live and interactive session will cover the following:

• The statutory principles of the Mental Capacity Act that govern best interests
• The section 4 checklist and the balance sheet approach
• The importance of the person’s wishes and feelings
• Who should make the decision?
• When a court determination should be sought
• An outline of the key case law on best interests

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.