Identifying factors of magnetic importance

Nurses are often required to make decisions on behalf of vulnerable people who lack capacity under the provisions of the Mental Capacity Act 2005, which states that the nurse has a duty to act in the person's best interest should their capacity be diminished. For decisions relating to care and treatment, nurses have a general authority to act and are given protection against litigation by the act.

This applies on the basis that they take reasonable steps to establish that the person lacks capacity in relation to a matter concerning their care or treatment, and that the nurse reasonably considers that the person lacks capacity and that their actions are in the person's best interest.

It is essential both for the person and the nurse that the processes for determining the best interests of a patient who lacks capacity is correctly applied.

The Mental Capacity Act 2005 does not define ‘best interests’. Instead, it provides nurses with a checklist of factors to be considered when determining the best interests of a person in their care. These factors establish a process that put the person at the centre of decision-making and reflect their individual circumstances.