In England and Wales, a registered nurse and the patient’s family strongly disagree about a proposed life-sustaining treatment. The patient lacks capacity, and there is no applicable advance decision or health and welfare attorney. What should the nurse support?

Correct answer: C. The disagreement should be referred to the Court of Protection

  • A. The eldest relative’s decision should be followed
  • B. The nurse should decide without further discussion
  • C. The disagreement should be referred to the Court of Protection
  • D. Treatment should always be stopped when relatives disagree

Explanation

A serious unresolved dispute about the best interests of a person who lacks capacity may require a decision from the Court of Protection. Family views are relevant but do not automatically determine the outcome or override professional and legal responsibilities.

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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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