A patient lacks capacity to decide about a necessary procedure. The patient has no applicable advance decision and no health and welfare attorney. Which action is required?
Correct answer: B. Make a best interests decision using relevant factors
- A. Ask the eldest relative to make the final decision
- B. Make a best interests decision using relevant factors
- C. Delay the procedure until the patient regains capacity
- D. Choose the option preferred by the nursing team
Explanation
When an adult lacks capacity, a decision must be made in the person’s best interests under the Mental Capacity Act. The decision maker considers the person’s wishes, feelings, values, beliefs and the views of relevant others. The least restrictive suitable option should also be considered.
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About UK Law, Consent and Mental Capacity
UK consent and capacity law covers valid voluntary consent, adequate information, refusal of treatment, and the Mental Capacity Act principles for assessing decision specific capacity. It includes best interests decisions, least restrictive care, advance decisions and lasting powers of attorney, with capacity distinguished from mental illness, and legal capacity distinguished from clinical competence or mere agreement.
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50 free UK Law, Consent and Mental Capacity MCQs from International Nursing Practice, each with the correct answer and an explanation. Unlimited attempts, no account needed.
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