In what situations should I consider involving a best interests assessor during a capacity assessment?

Guideline-aligned answer with reasoning, red flags and references. Clinically reviewed by Dr Kola Tytler MBBS CertHE MBA MRCGP.

Posted: 22 August 2025Updated: 22 August 2025 Guideline-Aligned (High Confidence) Clinically Reviewed
Dr Kola Tytler MBBS CertHE MBA MRCGPClinical Lead • iatroX

Consider involving a best interests assessor when there is a dispute or complexity in the decision-making process regarding a person who lacks capacity, especially if there are disagreements about the person's best interests or if the decision involves significant ethical or legal considerations .

It is advisable to involve a best interests assessor if the decision is complex, urgent, or contentious, and where the decision maker needs additional expertise to determine the person's best interests in line with the Mental Capacity Act 2005 .

In cases where there are conflicting views among family, carers, or professionals about what constitutes the person's best interests, a best interests assessor can help facilitate an impartial and thorough assessment .

Educational content only. Always verify information and use clinical judgement.