ABSTRACT
This chapter considers ways of including the family and friends of a person whose capacity is being assessed, as well as other professionals with working him, in the assessment of mental capacity and the best interests process. It also considers how to manage some difficult issues that can arise when working with others in the assessment of mental capacity. Caution should be exercised when considering including people if it is reasonable to believe that they may not have the person’s best interests in mind, or if there is a potential conflict of interest. Although it is best practice, involving a number of different people in the assessment and best interests process may also increase the chance of conflict or disagreement. Where these steps do not resolve the conflict, a second, independent opinion should be sought, ultimately with a referral to the Court of Protection if this does not resolve the disagreement.
