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Supporting people who lack mental capacity - a guide to best interests decision making

22 September 2021

This document sets out to inform and guide psychologists to participate in Best Interests processes for people who lack the mental capacity to make their own decisions.

This document updates previous guidance published in 2007.

This document sets out broad principles covering best practice that are applicable in England and Wales.

It relates to people who have been assessed as lacking mental capacity and who are aged 16 years and over.

Throughout this document, where case law or legislation is quoted, ‘P’ refers to the person who lacks mental capacity for the decision.

This document is the culmination of a consensus which has developed since the implementation of the Mental Capacity Act (MCA) 2005 in England and Wales, itself drawing on Scottish experiences, including clinical practice, research studies and case law.


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