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.

Last updated

50 questions · page 3 of 3

Moderate
  • A. The patient has capacity because the information was retained
  • B. The patient lacks capacity for this specific decision
  • C. The patient has capacity because the operation is recommended
  • D. The patient lacks capacity for every future decision

Explanation: The Mental Capacity Act requires a person to understand, retain, use or weigh relevant information, and communicate a decision.

Correct answer: The patient lacks capacity for this specific decision
  • A. The medication can never be given without family consent
  • B. The Mental Health Act may authorise treatment for the mental disorder
  • C. The Mental Capacity Act always replaces the Mental Health Act
  • D. A relative can legally consent on the patient’s behalf

Explanation: Certain treatment for mental disorder may be given without the patient’s consent under the Mental Health Act, subject to its safeguards…

Correct answer: The Mental Health Act may authorise treatment for the mental disorder
  • A. Share the complete record with everyone involved
  • B. Keep confidentiality regardless of any risk
  • C. Escalate the concern and disclose only necessary information
  • D. Ask the patient’s relative to decide what may be shared

Explanation: Confidentiality is important but is not absolute where disclosure is necessary to prevent serious harm or protect others.

Correct answer: Escalate the concern and disclose only necessary information
  • 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.

Correct answer: The disagreement should be referred to the Court of Protection
Very hard
  • A. Whether the deputy has authority over health and welfare decisions
  • B. Whether the deputy is the patient’s closest living relative
  • C. Whether the patient has private health insurance
  • D. Whether the deputy has previously visited the ward

Explanation: A deputy’s authority depends on the order made by the Court of Protection.

Correct answer: Whether the deputy has authority over health and welfare decisions
Easy
  • A. Respect the decision and document the discussion
  • B. Ask the family to overrule the patient’s decision
  • C. Record that the patient lacks capacity due to the risk
  • D. Arrange treatment without telling the patient

Explanation: The Mental Capacity Act states that a person is not to be treated as unable to make a decision merely because the decision appears unwise.

Correct answer: Respect the decision and document the discussion
  • A. Treat family agreement as sufficient permission
  • B. Check that the study has the required ethical and legal safeguards
  • C. Enrol the patient because the study may help the ward
  • D. Assume research has the same rules as emergency treatment

Explanation: Research involving an adult who lacks capacity has additional protections under the Mental Capacity Act and must meet the relevant ethical…

Correct answer: Check that the study has the required ethical and legal safeguards
  • A. Consent must always be signed before contact
  • B. The patient’s cooperation can provide valid consent for routine care
  • C. A family member must witness every nursing procedure
  • D. Routine care may proceed even after clear refusal

Explanation: Consent may be verbal or implied by the patient’s actions when the procedure is explained and the patient freely cooperates.

Correct answer: The patient’s cooperation can provide valid consent for routine care
  • A. Explain that extra support proves a lack of capacity
  • B. Provide the requested support and allow time for a decision
  • C. Ask a relative to make the decision instead
  • D. Start treatment because the patient is delaying care

Explanation: The Mental Capacity Act requires practical support to help a person make a decision before concluding that capacity is lacking.

Correct answer: Provide the requested support and allow time for a decision
  • A. Proceed because consent was already given
  • B. Pause and provide the requested explanation
  • C. Ask the relative to explain the procedure
  • D. Obtain a signature before answering questions

Explanation: Consent must be informed and remain voluntary throughout the procedure.

Correct answer: Pause and provide the requested explanation