PART 1PRINCIPLES

Establishing what is in a person's best interests

I1I28Compliance with section 2

1

This section applies where a person other than the court (“the relevant person”)—

a

does an act for or on behalf of another person who is 16 or over and lacks capacity in relation to whether the act should be done; or

b

makes a decision for or on behalf of another person who is 16 or over and lacks capacity to make the decision.

2

The relevant person is to be taken to have sufficiently complied with the principle in section 2(2) (act or decision must be in best interests) if that person—

a

reasonably believes that the act or decision is in the other person's best interests; and

b

in determining whether the act or decision is in the other person's best interests, has complied with section 7.