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Table 2 The legal definition of “Best Interest”

From: “Everything has been tried and his heart can’t recover…”: A Descriptive Review of “Do Everything!” in the Archive of Ontario Consent and Capacity Board

“Best Interest” definition32
(2) In deciding what the incapable person’s best interests are, the person who gives or refuses consent on his or her behalf shall take into consideration,
  (a) the values and beliefs that the person knows the incapable person held when capable and believes he or she would still act on if capable;
  (b) any wishes expressed by the incapable person with respect to the treatment that are not required to be followed under paragraph 1 of subsection (1); and
  (c) the following factors:
     1. Whether the treatment is likely to,
       i. improve the incapable person’s condition or well-being,
       ii. prevent the incapable person’s condition or well-being from deteriorating, or
       iii. reduce the extent to which, or the rate at which, the incapable person’s condition or well-being is likely to deteriorate
     2. Whether the incapable person’s condition or well-being is likely to improve, remain the same or deteriorate without the treatment
     3. Whether the benefit the incapable person is expected to obtain from the treatment outweighs the risk of harm to him or her
     4. Whether a less restrictive or less intrusive treatment would be as beneficial as the treatment that is proposed. 1996, c. 2, Sched. A, s. 21 (2)
  1. Table 2 shows the definition of “Best Interest” as defined in the Health Care Consent Act