Literature Review on Provision of Appropriate and Accessible ...

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to make certain decisions, or a person previously unable to
communicate may learn a new form of communication).
• The <strong>Literature</strong> decision-maker <strong>Review</strong> must on Provision take account of Appropriate of the person’s and Accessible past
Support to People with an Intellectual Disability who are
and present wishes and feelings (and in particular, any relevant
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written statement made by the person when she/he had
capacity), the beliefs and values that would be likely to influence
the decision if she/he had capacity, and the other factors that
she/he would be likely to consider if she/her were able to do so.
• Decision-makers must take into account, if it is practicable and
appropriate to consult them, the views of anyone named by the
person as someone to be consulted, anyone engaged in caring for
the person or interested in their welfare, any person appointed
under a lasting power of attorney, and any deputy appointed for
the person by the court.
According to Donnelly (2007), the conception of best interests under
the Mental Capacity Act, 2005, in England and Wales constitutes a
significant improvement on the traditional approach to this standard:
specifically, the views of the person lacking capacity must be taken into
account and it imposes an obligation on decision-makers to encourage
participation as much as possible. This recognises that a person may still
make a valuable contribution to a decision-making process even if she/
he lacks capacity and it also diminishes the risk of conflict between a
decision-maker and a person lacking capacity. Secondly, Donnelly (2008)
emphasises that the requirement to take account of the past wishes and
feelings and the relevant beliefs and values shows continuing respect
for the right of autonomy of the person now lacking capacity. The person
proposing to take the action must have reasonable grounds for believing
that the action is in the best interests of the person who lacks capacity.
Head 3 of the Scheme of Mental Capacity Bill 2008 provides details on
the standard to be applied in determining a person’s ‘best interests’. This
involves: