In England and Wales, a patient lacks capacity to decide about discharge. The patient’s daughter says, “I know exactly what my parent would want,” but there is no health and welfare attorney. What should the nurse do?
Correct answer: C. Use the Mental Capacity Act best interests process
- A. Accept the daughter’s decision without further assessment
- B. Ask the daughter to make the legal decision
- C. Use the Mental Capacity Act best interests process
- D. Discharge the patient because capacity is absent
Explanation
When an adult lacks capacity, the decision maker must determine the person’s best interests. The process considers the person’s wishes, feelings, values, beliefs and relevant views of others. A relative does not automatically have legal authority to decide.
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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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