best interests principle

best interests principle

A principle which is promulgated by the UK’s General Medical Council to provide guidance in deciding what options may be reasonably considered for a patient who lacks the capacity to provide informed consent to undergo, or refuse to undergo, a procedure, by taking into account:
• Options for treatment or investigation which are clinically indicated;
• Any evidence of the patient's previously expressed preferences, including an advance statement;
• The doctor’s and health care team's knowledge of the patient's background, such as cultural, religious, or employment considerations; 
• Views about the patient's preferences given by a third party who may have other knowledge of the patient—for example the patient's partner, family, carer, tutor-dative (Scotland) or a person with parental responsibility; 
• Which option least restricts the patient's future choices, if more than one option (including non-treatment) seems reasonable in the patient's best interest.
References in periodicals archive ?
(5) Given her expertise and her central concern, Estin recommends infusing all the different areas of law pertinent to child migrants with due regard for family law's ubiquitous "best interests principle." (6)
This response examines whether the best interests principle is up to the job, in light of lessons learned from child custody disputes and controversies about child migrants, past and present.
THE PROMISE AND PERILS OF THE BEST INTERESTS PRINCIPLE
The application of the best interests principle to all judicial and administrative decisions concerning the child, when combined with the clearly stated human rights of the child as set out in the CRC, can be used to prevent the deportation of a child who may not qualify for refugee protection.
The indeterminacy of the best interests principle and the associated transaction costs have been widely noted.
This is also part and parcel of the best interests principle. It is axiomatic that a child benefits from continued contact with both parents and those extended family members who are interested in that child's well-being.
Tiffs is again part of the best interests principle. Children suffer harm when they are in the middle of a bitter dispute between adults.
Alberta already has in place a mandatory education program which attempts to focus parents on the best interests principle and on parenting plans.
Thus in the absence of any express provision to limit the application of the best interests principle to matters of direct concern to children, there appears to be no basis upon which to adopt such a restrictive approach.
Although the best interests principle is enshrined in the CRC, this is also the central principle of the welfare model that emerged in the mid to late nineteenth century and has dominated the social, legal and thus judicial treatment of children ever since.
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