In determining for the purposes of the Mental Capacity Act 2005 what is in a person's best interests1, the person making the determination must not make it merely on the basis of the person's age or appearance, or a condition of his, or an aspect of his behaviour, which might lead others to make unjustified assumptions about what might be in his best interests2.
The person making the determination must consider all the relevant circumstances3 and, in particular, take the following steps4:
(1) he must consider: (a) whether it is likely that the person will at some time have capacity5 in relation to the matter in questi
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