Aims and Objectives
The principles of the MCA including those of – ‘a person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success’, and ‘before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person's rights and freedom of action’.
Consideration of the protection imperative
Incapacity (and the role of the high court for those that do not lack capacity within the meaning of the MCA, but who are unable to make a decision and who are vulnerable)
Assessment of capacity that is detached and objective (not conflating capacity with best interests)
Making a best interests decision – the importance of the persons wishes and feelings, values and beliefs, and the balance sheet exercise
Balancing competing human rights