This toolkit will provide you with practical guidance when faced with making decisions for adults who lack capacity.

It sets out an overview of the law in England and Wales; outlines a clear decision-making process to follow and provides detailed practical advice as to who you should consult and the information you need in reaching a decision.

What you'll get from this guide

• An overview of the law in England and Wales as it relates to medical decision-making for people who lack capacity.
• A clear framework for your decision-making process. 
• Detailed practical guidance about who should be consulted as part of a best interests decision; what factors you should consider in reaching a decision and how competing factors can be balanced.

How to use this guide

This guidance will provide you with the legal and ethical considerations you need to take into account when making a decision and signposts to other sources of support and information.

It is not a set of rules or instructions, or a substitute for careful reflection and discussion. You can seek additional advice on specific dilemmas from the BMA’s medical ethics and human rights department, the GMC, or your medical defence organisation.