Special Regard
A best interests
determination starts with
consideration of what
decision the individual
would have made if they
had capacity to make the
decision.
The best interests decision
is not what the professional
would do or agree to if they
were in the same situation
or what the individual's
relatives think the
individual would do.
Special regard must be had
given to the individual's
past and present wishes,
feelings, beliefs and values
and anything else the
individual would have
considered.