Under the Mental Capacity Act 2005 in England and Wales, which action best reflects the presumption of capacity?
Correct answer: C. Support the person to decide before concluding incapacity
- A. Treat the person as unable to decide until assessed
- B. Ask the family to confirm the person’s capacity
- C. Support the person to decide before concluding incapacity
- D. Use the clinician’s opinion as the final decision
Explanation
The Mental Capacity Act presumes that a person has capacity unless it is established otherwise. The nurse must take practical steps to support the person to make the decision before finding that capacity is lacking. A diagnosis or clinical opinion alone does not prove incapacity.
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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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