
Best Interests Checklist for Attorneys (Mental Capacity Act)
A practical Section 4 checklist for attorneys making financial or care decisions when the donor lacks capacity.
Best interests is a structured legal process
When a donor lacks capacity for a specific decision, attorneys must apply the statutory best-interests framework. This is a legal test, not personal preference.
Section 4 practical checklist
For material decisions, document each item:
- What exact decision is needed now
- Capacity position for this decision
- Options considered (including less restrictive options)
- Donor's wishes, beliefs, values, and prior statements
- People consulted and what they said
- Why final option is proportionate and justified
Capacity remains decision-specific
Do not assume global incapacity. A donor may lack capacity for one decision but retain it for another.
Consultation duties
Where practical and appropriate, consult relevant people. Consultation is not a veto system, but it is central to lawful reasoning.
Less restrictive principle
If two options are workable, prefer the one that interferes less with rights and autonomy.
Record quality determines defensibility
If challenged later, strong notes are your strongest protection. Notes should show process, not just outcome.
Template prompt for decision notes
- Decision needed:
- Capacity evidence:
- Options and risks:
- Donor wishes considered:
- People consulted:
- Chosen option and reasons:
- Why less restrictive options were not selected:
Next reading
Related guides

LP1H Explained: Health and Care Decisions LPA
How a health and care LPA works, when attorneys can make decisions, and how to handle medical and care choices lawfully.
LP1H Health and Care Decisions

LP1F Explained: Property and Financial Decisions LPA
What the financial LPA covers, when it can be used, and the duties attorneys must follow when managing money and property.
LP1F Financial Decisions

Attorney Record-Keeping: What Good Accounts Look Like
The record-keeping standard attorneys should maintain for transactions, major decisions, reimbursements, and audit resilience.
Attorney Duties and Recordkeeping
Ready to protect your family?
Create your solicitor-reviewed will online in minutes. Our guided process makes it simple and affordable.
Start Your Will