Abstract
In this second article on the use of the Mental Health Capacity Act in practice, the principle of best interest in discussed. Any decision taken on behalf of a person who lacks capacity must be in their best interests. The article expains that the Mental Capacity Act 2005 provides a checklist of factors to be followed when determining whether a decision is in the best interest of a person without capacity. It is a more holistic approach than was previously required by the common law balance sheet approach.
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