In England and Wales, a patient who now lacks capacity previously wrote a clear statement expressing a preference for care in a particular setting. The statement does not refuse a specific treatment. What should the team do?
Correct answer: A. Consider the statement when deciding the patient’s best interests
- A. Consider the statement when deciding the patient’s best interests
- B. Treat the statement as an automatically binding advance decision
- C. Ignore the statement because it was written before admission
- D. Ask the family to replace the statement with their preference
Explanation
A non-binding advance statement is evidence of the person’s wishes, beliefs and values and must be considered during a best-interests decision. It differs from a valid and applicable advance decision that refuses specified treatment.
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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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