In England and Wales, a patient who lacks capacity is kept in hospital under continuous supervision and is not free to leave. The arrangement is expected to continue. What should the nurse do?
Correct answer: B. Inform the responsible team that lawful authorisation may be required
- A. Treat the arrangement as ordinary nursing supervision
- B. Inform the responsible team that lawful authorisation may be required
- C. Ask the patient to sign a consent form after admission
- D. Use family agreement as the only legal safeguard
Explanation
Continuous supervision and control, together with the person not being free to leave, may amount to a deprivation of liberty. The responsible organisation must consider the appropriate legal authorisation under the deprivation of liberty safeguards. Family agreement alone does not make the restriction lawful.
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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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