When making decisions about the care and treatment of the person who is deemed to lack capacity, it is important to follow the guiding principles underpinning the AWI Act:
- Ensure that the person is treated with respect and dignity.
- Support and encourage the person to be involved in the decision making process, as far as is possible.
- Consider whether the person’s lack of capacity is temporary or permanent.
- Consider which options for care/treatment would provide overall benefit to the person.
- Consider which options for care/treatment would be the least restrictive option.
- Take into account any previously expressed wishes/preferences.
- Take into account the person’s current expressed wishes and preferences.
- Take into account the views of anyone who has legal authority to make a decision on their behalf or has been appointed to represent them (i.e. a Power of Attorney or Welfare Guardian).
- Take into account the views of relatives/carers regarding the person’s preferences, feelings, beliefs and values, and whether they consider the proposed plans to be in the person’s best interest.
