Making Lawful Decisions When a Person Lacks Capacity

A Best Interests Assessment is carried out when an adult has been assessed as lacking mental capacity to make a specific decision. The assessment determines what decision or action is in the person’s best interests, in line with the Mental Capacity Act 2005.

Best Interests Assessments ensure decisions are lawful, proportionate, and centred on the individual’s rights, wishes, and wellbeing.

When Is a Best Interests Assessment Required?

A Best Interests Assessment may be needed when decisions are required about:

• Care or support arrangements

• Accommodation or living placements

• Health or medical treatment

• Safeguarding or risk management

• Access to services or support

These assessments are often requested by local authorities, health professionals, solicitors, care providers, or families.

What the Assessment Considers

A Best Interests Assessment will consider:

• The person’s past and present wishes and feelings

• Beliefs, values, and cultural considerations

• Views of family members, carers, and professionals

• Risks, benefits, and alternative options

• The least restrictive option

The aim is to ensure the decision respects the person’s rights while promoting safety and wellbeing.

Our Approach

We provide independent, well-reasoned Best Interests Assessments that are:

• ✔ Fully compliant with the Mental Capacity Act 2005

• ✔ Balanced, transparent, and evidence-based

• ✔ Suitable for safeguarding, professional, or legal contexts

• ✔ Focused on dignity, rights, and outcomes

Linked Service:

Mental Capacity Assessments – determining whether the person can make the decision

These services work together to ensure lawful and ethical decision-making.

Contact Us

If you require a Best Interests Assessment or would like to discuss your situation, please contact us to discuss next steps.

Contact us today for advice or referral information.