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Mentally incapacitated individuals represent a vulnerable section of our society. The law has been involved in making decisions for adults lacking capacity for several centuries. While children lacking capacity usually have the safeguard of parents who can make decisions on their behalf, adults incapacitated, often due to mental disorder or physical illness, have been left largely in the hands of professionals. The concept of treating an incapacitated adult in their 'best interests' has arisen in the Courts and statute relatively recently. This article will explore the introduction of the concept of best interests, how this concept has been developed primarily through case law, and the more recent impact of Parliamentary statute in helping define this term. [ABSTRACT FROM AUTHOR]