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Best Interests Scenarios

Scenario: Involving someone in working out their best interests

The parents of Amy, a young woman with learning difficulties, are going through a divorce and are arguing about who should continue to care for their daughter. Though she cannot understand what is happening, attempts are made to see if Amy can give some indication of where she would prefer to live.

An advocate is appointed to work with Amy to help her understand the situation and to find out her likes and dislikes and matters which are important to her. With the advocate’s help, Amy is able to participate in decisions about her future care.

Scenario: Taking a short-term decision for someone who may regain capacity

Mr Fowler has suffered a stroke leaving him severely disabled and unable to speak. Within days, he has shown signs of improvement, so with intensive treatment there is hope he will recover over time. But at present both his wife and the hospital staff find it difficult to communicate with him and have been unable to find out his wishes.

He has always looked after the family finances, so Mrs Fowler suddenly discovers she has no access to his personal bank account to provide the family with money to live on or pay the bills. Because the decision cannot be put off while efforts are made to find effective means of communicating with Mr Fowler, an application is made to the Court of Protection for an order that allows Mrs Fowler to access Mr Fowler’s money.

The decision about longer-term arrangements, on the other hand, can be delayed until alternative methods of communication have been tried and the extent of Mr Fowler’s recovery is known.

Scenario: Considering beliefs and values

Anita, a young woman, suffers serious brain damage during a car accident. The court appoints her father as deputy to invest the compensation she received. As the decision-maker he must think about her wishes, beliefs and values before deciding how to invest the money.

Anita had worked for an overseas charity. Her father talks to her former colleagues. They tell him how Anita’s political beliefs shaped her work and personal beliefs, so he decides not to invest in the bonds that a financial adviser had recommended, because they are from companies Anita would not have approved of. Instead, he employs an ethical investment adviser to choose appropriate companies in line with her beliefs.

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