In England and Wales, a patient lacks capacity to choose a treatment. The patient’s record shows a previous clear objection to that treatment, although the objection is not a formal advance decision. What should the nurse do?

Correct answer: B. Include the previous objection in the best interests assessment

  • A. Ignore the previous objection because capacity is absent
  • B. Include the previous objection in the best interests assessment
  • C. Treat the objection as an automatic legal refusal
  • D. Ask the nearest relative to cancel the treatment

Explanation

Previous wishes and feelings are relevant factors in a best interests decision under the Mental Capacity Act 2005. They must be considered but do not automatically have the same legal effect as a valid and applicable advance decision. Relatives also do not automatically hold decision-making authority.

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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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