Free UK Law, Consent and Mental Capacity MCQs with Answers
50 UK Law, Consent and Mental Capacity MCQs from International Nursing Practice, each with the correct answer and a written explanation of why it is correct. Free and unlimited, with no account needed.
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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- A. Ask the family to persuade the patient
- B. Respect the refusal and document the discussion
- C. Arrange treatment because the transfusion is beneficial
- D. Ask another patient to discuss the decision
Explanation: A capacitous adult has the right to refuse treatment, even when the refusal may result in serious harm.
Correct answer: Respect the refusal and document the discussion- 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.
Correct answer: Support the person to decide before concluding incapacity- A. Ask the relative to provide consent instead
- B. Use accessible information and check understanding
- C. Assume the patient lacks capacity because of the disability
- D. Proceed because the examination is clinically necessary
Explanation: Capacity is decision specific and cannot be assumed absent because of a disability.
Correct answer: Use accessible information and check understanding- A. Ask the eldest relative to make the final decision
- B. Make a best interests decision using relevant factors
- C. Delay the procedure until the patient regains capacity
- D. Choose the option preferred by the nursing team
Explanation: When an adult lacks capacity, a decision must be made in the person’s best interests under the Mental Capacity Act.
Correct answer: Make a best interests decision using relevant factors- A. The patient’s family has agreed to the action
- B. The action is necessary and proportionate to the risk
- C. The action is included in the ward’s routine policy
- D. The patient has previously been difficult to manage
Explanation: Restraint under the Mental Capacity Act requires the person to lack capacity for the relevant decision and the restraint to be necessary…
Correct answer: The action is necessary and proportionate to the risk- A. Share limited information to maintain family support
- B. Share the diagnosis because the partner is next of kin
- C. Keep the information confidential unless the patient agrees
- D. Ask the partner to obtain the information from the doctor
Explanation: A patient with capacity controls access to confidential health information.
Correct answer: Keep the information confidential unless the patient agrees- A. Follow the advance decision and inform the clinical team
- B. Ask the family to cancel the advance decision
- C. Ignore it because the patient currently lacks capacity
- D. Provide the treatment until a court reviews the decision
Explanation: A valid and applicable advance decision to refuse treatment is legally binding in England and Wales.
Correct answer: Follow the advance decision and inform the clinical team- A. Accept the consent if the young person is assessed as Gillick competent
- B. Refuse consent because only a parent can decide before age 16
- C. Ask the school nurse to provide legal authorisation
- D. Proceed only after obtaining consent from both parents
Explanation: A young person under 16 may consent to treatment when assessed as Gillick competent and able to understand the information and…
Correct answer: Accept the consent if the young person is assessed as Gillick competent- A. Provide the care because dementia removes capacity
- B. Respect the refusal and offer support later
- C. Ask the family to insist that care is provided
- D. Record the refusal as challenging behaviour
Explanation: Capacity is assessed for the specific decision at the time it must be made.
Correct answer: Respect the refusal and offer support later- A. Move the patient without recording the reason
- B. Ask the closest relative to give legal consent
- C. Consider the patient’s wishes and choose the least restrictive option
- D. Keep the patient in the current room because consent is unavailable
Explanation: A best interests decision should consider the patient’s past and present wishes, feelings, values and beliefs, together with relevant…
Correct answer: Consider the patient’s wishes and choose the least restrictive option- A. Ask the family to consent immediately
- B. Delay the decision if it is safe to do so
- C. Assume the patient lacks capacity permanently
- D. Proceed because the procedure is recommended
Explanation: Capacity is assessed for the specific decision at the relevant time. Under the Mental Capacity Act 2005, a decision should be delayed when…
Correct answer: Delay the decision if it is safe to do so- A. Accept the daughter’s decision without further assessment
- B. Ask the daughter to make the legal decision
- C. Use the Mental Capacity Act best interests process
- D. Discharge the patient because capacity is absent
Explanation: When an adult lacks capacity, the decision maker must determine the person’s best interests.
Correct answer: Use the Mental Capacity Act best interests process- A. Continue because consent was already documented
- B. Ask the family whether treatment should continue
- C. Stop and inform the responsible clinical team
- D. Continue unless the patient submits a written refusal
Explanation: Consent must be voluntary and can be withdrawn at any time before or during treatment.
Correct answer: Stop and inform the responsible clinical team- A. Ignore the previous objection because capacity is absent
- B. Include the previous objection in the best interests assessment
- C. Treat the objection as an automatic legal refusal
- D. Ask the nearest relative to cancel the treatment
Explanation: Previous wishes and feelings are relevant factors in a best interests decision under the Mental Capacity Act 2005.
Correct answer: Include the previous objection in the best interests assessment- A. Use the most restrictive approach for consistency
- B. Choose the approach that limits freedom least
- C. Ask staff to decide without consulting the patient
- D. Avoid all care because capacity is impaired
Explanation: The Mental Capacity Act requires an option that is least restrictive of the person’s rights and freedom of action, while still meeting the…
Correct answer: Choose the approach that limits freedom least- 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.
Correct answer: Assess capacity for the decision at this time- A. Exclude the relative from every aspect of care
- B. Respect the patient’s choice and seek permission for relevant involvement
- C. Allow the relative to consent on the patient’s behalf
- D. Share the full record because the relative is supportive
Explanation: A person with capacity controls who is involved in discussions about their care.
Correct answer: Respect the patient’s choice and seek permission for relevant involvement- A. Wait for written family permission before treatment
- B. Provide necessary treatment in the patient’s best interests
- C. Refuse treatment because consent is unavailable
- D. Ask any available visitor to make the decision
Explanation: When immediate treatment is necessary to save life or prevent serious deterioration and consent cannot be obtained, treatment may be…
Correct answer: Provide necessary treatment in the patient’s best interests- A. Whether the attorney has relevant valid authority
- B. Whether the attorney is the patient’s oldest relative
- C. Whether the attorney has visited recently
- D. Whether the patient has a financial deputy
Explanation: A health and welfare attorney can make decisions only when the lasting power of attorney is valid, registered and gives relevant…
Correct answer: Whether the attorney has relevant valid authority- 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.
Correct answer: Inform the responsible team that lawful authorisation may be requiredUK Law, Consent and Mental Capacity MCQs: common questions
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