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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50 questions · page 2 of 3
- A. Use communication aids and allow time for a response
- B. Ask the relative to provide consent for the patient
- C. Record that the patient lacks capacity to consent
- D. Proceed because the dressing change is clinically necessary
Explanation: The Mental Capacity Act requires practical support before concluding that a person cannot make a decision.
Correct answer: Use communication aids and allow time for a response- A. The decision is valid even if others consider it unwise
- B. The decision is invalid because the risks are significant
- C. The decision requires approval from the next of kin
- D. The decision proves that the patient lacks capacity
Explanation: The Mental Capacity Act states that a person is not to be treated as lacking capacity merely because the person makes an unwise decision.
Correct answer: The decision is valid even if others consider it unwise- A. Assess capacity for the operation as a separate decision
- B. Record that the patient lacks capacity for every decision
- C. Ask the family to make all decisions from now on
- D. Assume capacity because the patient chooses clothing independently
Explanation: Capacity is decision-specific under the Mental Capacity Act. Ability to make one everyday choice does not establish capacity for a more…
Correct answer: Assess capacity for the operation as a separate decision- A. A best-interests decision using the relevant information
- B. The sister’s personal preference as the final decision
- C. The treatment that gives the greatest clinical benefit only
- D. A decision based on the patient’s diagnosis alone
Explanation: A best-interests decision should consider the person’s past and present wishes, beliefs, values and the views of those involved in their…
Correct answer: A best-interests decision using the relevant information- A. An Independent Mental Capacity Advocate is appointed
- B. The nearest relative gives legally binding consent
- C. The nurse signs consent on behalf of the patient
- D. The treatment is automatically postponed indefinitely
Explanation: An Independent Mental Capacity Advocate must be involved in certain serious medical treatment decisions when the person lacks capacity and…
Correct answer: An Independent Mental Capacity Advocate is appointed- 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…
Correct answer: Consider the statement when deciding the patient’s best interests- A. Obtain and document verbal consent before proceeding
- B. Ask a relative to sign instead of the patient
- C. Treat the lack of a signature as refusal
- D. Proceed without consent because assessment is routine
Explanation: Consent does not generally require a signature to be valid. A person with capacity may give verbal consent, and the nurse should document…
Correct answer: Obtain and document verbal consent before proceeding- A. Carry out the examination without the student present
- B. Tell the patient that student involvement cannot be refused
- C. Ask the student to observe without informing the patient
- D. Ask a relative to decide whether the student may attend
Explanation: Consent applies to the proposed examination and to who is present during it.
Correct answer: Carry out the examination without the student present- A. The diagnosis alone does not establish lack of capacity
- B. The diagnosis means the patient cannot give valid consent
- C. The treatment must be authorised by the patient’s family
- D. The patient must be assessed as lacking capacity automatically
Explanation: The Mental Capacity Act requires a functional assessment of the particular decision.
Correct answer: The diagnosis alone does not establish lack of capacity- A. Record the impairment and how it prevents this decision
- B. Record only the patient’s diagnosis and current location
- C. Record that the patient is difficult and needs supervision
- D. Record that the family disagrees with the treatment plan
Explanation: The two-stage test requires evidence of an impairment or disturbance in the functioning of the mind or brain and a resulting inability to…
Correct answer: Record the impairment and how it prevents this decision- A. Witness the signature because the patient accepts the procedure
- B. Ask the patient to discuss the missing information with the clinician
- C. Explain every possible complication before obtaining the signature
- D. Proceed because the procedure has already been recommended
Explanation: Consent must be informed and include material risks and reasonable alternatives.
Correct answer: Ask the patient to discuss the missing information with the clinician- A. Accept the consent because the patient has said yes
- B. Ask the relative to sign as an additional witness
- C. Speak with the patient privately to check the choice is voluntary
- D. Ask the surgeon to proceed because the treatment is beneficial
Explanation: Valid consent must be voluntary and free from pressure or coercion. A private conversation allows the nurse to check that the patient…
Correct answer: Speak with the patient privately to check the choice is voluntary- A. Refuse confidentiality because the patient is under 16
- B. Provide confidential advice and explain its limits
- C. Tell the parents before discussing the health concern
- D. Ask the school to decide whether advice can be given
Explanation: A Gillick-competent young person under 16 may receive confidential health advice.
Correct answer: Provide confidential advice and explain its limits- A. The child must give written consent before treatment
- B. The parent may consent when treatment is in the child’s best interests
- C. The nurse may consent because the child lacks understanding
- D. The operation is unlawful unless a court gives permission
Explanation: A person with parental responsibility can usually consent for a child who is not competent to consent, provided the treatment is in the…
Correct answer: The parent may consent when treatment is in the child’s best interests- A. Obtain consent only from a parent with parental responsibility
- B. Treat the young person as unable to consent until age 18
- C. Obtain the young person’s own consent after checking understanding
- D. Delay treatment until a court confirms the young person’s choice
Explanation: People aged 16 and 17 are generally presumed to have capacity to consent to their own treatment.
Correct answer: Obtain the young person’s own consent after checking understanding- A. Proceed because parental consent overrides the refusal
- B. Ignore the refusal because the operation is clinically advisable
- C. Stop the preparation and urgently seek senior and legal advice
- D. Ask the parents to hold the patient during the operation
Explanation: A refusal by a competent 16- or 17-year-old requires careful legal consideration and cannot simply be overridden by parental wishes.
Correct answer: Stop the preparation and urgently seek senior and legal advice- A. It is spoken to a relative during a hospital admission
- B. It is written, signed and witnessed, and states it applies even if life is at risk
- C. It is recorded by a nurse without the patient’s signature
- D. It is mentioned casually in a previous outpatient appointment
Explanation: An advance decision refusing life-sustaining treatment must meet additional formal requirements.
Correct answer: It is written, signed and witnessed, and states it applies even if life is at risk- A. Use the child because the family knows the patient best
- B. Use a professional interpreter and check the patient’s understanding
- C. Ask the patient to sign because the procedure is necessary
- D. Cancel the procedure permanently because communication is difficult
Explanation: A professional interpreter supports accurate, independent communication and helps establish valid consent.
Correct answer: Use a professional interpreter and check the patient’s understanding- A. The patient’s signature alone on a standard form
- B. A note of the information given, questions asked and decision made
- C. A statement that the treatment is routine and therefore needs no record
- D. A relative’s confirmation that the patient usually accepts treatment
Explanation: A consent form is not, by itself, proof of a valid consent process. The record should show the relevant information discussed, the…
Correct answer: A note of the information given, questions asked and decision made- A. The diagnosis automatically means the patient lacks capacity
- B. The patient has capacity for this decision unless evidence shows otherwise
- C. A relative must give consent before treatment can proceed
- D. The patient must undergo a formal court assessment first
Explanation: Capacity is decision-specific and cannot be judged solely from a diagnosis, age or appearance.
Correct answer: The patient has capacity for this decision unless evidence shows otherwise