What steps should I take if a patient is deemed to lack capacity regarding their treatment decisions?

When a patient is deemed to lack capacity regarding their treatment decisions, practitioners must follow the principles of the Mental Capacity Act 2005, which include assuming capacity unless there is evidence to suggest otherwise ¹.

Practitioners should undertake a thorough, proportionate, and collaborative assessment of capacity, involving support from professionals such as interpreters or communication specialists if needed, and considering the person's ability to understand, retain, use or weigh information, and communicate their decision ¹.

If the person is confirmed to lack capacity, decisions should be made in their best interests, following the legal framework and involving relevant support such as advocacy services where appropriate ¹.

Practitioners should document the assessment process, the reasons for concluding incapacity, and the decisions made in the person's best interests, ensuring all practicable steps to support decision-making have been taken ¹.