In England and Wales, a patient’s capacity to consent varies during the day because of a fluctuating mental health condition. The patient is alert and can weigh the information this morning. What should the nurse do?
Correct answer: C. Assess capacity for the decision at this time
- A. Treat the patient as lacking capacity at all times
- B. Assess capacity only from the medical diagnosis
- C. Assess capacity for the decision at this time
- D. Ask a relative to consent instead
Explanation
Capacity is decision-specific and time-specific. A diagnosis or fluctuating condition does not by itself establish incapacity. The nurse should assess whether the patient can understand, retain, use or weigh the relevant information and communicate the decision at that time.
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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.
Practise UK Law, Consent and Mental Capacity
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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