Aim:

To provide a standard procedure for the documentation of treatment decisions in patient’s “best interests” in line with currently available legal and ethical guidelines

Scope:

All patients without the capacity to formally consent to intensive care admission or procedures

Section 4 of the Mental Capacity Act (MCA) gives health professionals in England and Wales the legal right to take certain steps relevant to care and treatment of patients.

In order to use these these rights, health professionals must assess whether the patient has the capacity to consent for themselves and, if the patient lacks capacity, follow a “best interests” checklist unless the patient has made an advanced directive or enduring power of attorney.