Consent guidance: Making decisions when a patient lacks capacity

1. 75. In making decisions about the treatment and care of patients who lack capacity, you must:
   
   
   1. a. make the care of your patient your first concern
   2. b. treat patients as individuals and respect their dignity
   3. c. support and encourage patients to be involved, as far as they want to and are able, in decisions about their treatment and care
   4. d. Treat patients with respect and not discriminate against them.

1. 76. You must also consider:
   
   
   1. a. whether the patient's lack of capacity is temporary or permanent
   2. b. which options for treatment would provide overall clinical benefit for the patient
   3. c. which option, including the option not to treat, would be least restrictive of the patient's future choices
   4. d. any evidence of the patient's previously expressed preferences, such as an advance statement or decision¹⁵
   5. e. the views of anyone the patient asks you to consult, or who has legal authority to make a decision on their behalf,¹⁶ or has been appointed to represent them¹⁷
   6. f. the views of people close to the patient on the patient’s preferences, feelings, beliefs and values, and whether they consider the proposed treatment to be in the patient's best interests¹⁸
   7. g. what you and the rest of the healthcare team know about the patient's wishes, feelings, beliefs and values.

Subsections

• Resolving disagreements (77-78)
• The scope of treatment in emergencies (79)