Free NMC-CBT Legal Frameworks, Consent, and Capacity Questions and Answers 1 — Questions and Answers
Question 1: For consent to be considered valid, it must be voluntary, informed, and which other key element?
- Written
- Witnessed by a relative
- Given by a person with capacity (Correct answer)
- Irreversible once given
Correct answer: Given by a person with capacity
The three pillars of valid consent are that it must be voluntary (given freely), informed (the person has all necessary information), and the person must have the mental capacity to make the decision at that time. While written consent is good practice for major procedures, it is not a universal requirement for validity.
Question 2: According to the Mental Capacity Act 2005, what is the first principle that must be applied when assessing a person's capacity?
- A person must be assumed to have capacity unless it is established that they lack it. (Correct answer)
- A person is not to be treated as unable to make a decision unless all practicable steps to help them have been taken without success.
- A person is not to be treated as unable to make a decision merely because they make an unwise decision.
- Any act done for a person who lacks capacity must be in their best interests.
Correct answer: A person must be assumed to have capacity unless it is established that they lack it.
The first and most fundamental principle of the Mental Capacity Act 2005 is the presumption of capacity. Every adult has the right to make their own decisions and must be assumed to have capacity to do so unless it is proven otherwise.
Question 3: The concept of 'Gillick competence' is used to assess the capacity of which patient group to consent to their own treatment?
- Adults who have fluctuating capacity
- Elderly patients with early-stage dementia
- Children under the age of 16 (Correct answer)
- Patients detained under the Mental Health Act
Correct answer: Children under the age of 16
Gillick competence is a legal principle that allows children under 16 to consent to their own medical treatment, without the need for parental permission. This applies if they can demonstrate sufficient maturity and intelligence to understand the nature and implications of the proposed treatment.
Question 4: A patient has a registered Lasting Power of Attorney (LPA) for Health and Welfare. When can the appointed attorney make decisions on the patient's behalf?
- At any time after the LPA is registered, if the patient agrees.
- Only when the patient has lost the mental capacity to make the specific decision. (Correct answer)
- Only for decisions regarding life-sustaining treatment.
- As soon as the patient is admitted to a hospital or care home.
Correct answer: Only when the patient has lost the mental capacity to make the specific decision.
A Health and Welfare LPA can only be used by the attorney once the person who made it (the donor) has lost the mental capacity to make that specific healthcare decision for themselves. The attorney must always act in the person's best interests.
Question 5: What does the professional 'Duty of Candour' primarily require healthcare professionals to do following a patient safety incident?
- Report the incident to their manager within 24 hours.
- Complete a detailed incident report for legal purposes.
- Be open and honest with the patient or their advocate. (Correct answer)
- Offer financial compensation to the patient.
Correct answer: Be open and honest with the patient or their advocate.
The professional Duty of Candour, as outlined in the NMC Code, requires nurses and midwives to be open and honest with patients when something goes wrong with their care that causes, or has the potential to cause, harm or distress. This includes apologising and explaining what happened.
Question 6: The Deprivation of Liberty Safeguards (DoLS) are a legal framework designed to protect which specific group of individuals?
- All patients admitted to an intensive care unit.
- Individuals formally detained under the Mental Health Act.
- People in hospitals or care homes who lack capacity to consent to their care arrangements. (Correct answer)
- Children under 16 whose parents refuse treatment on their behalf.
Correct answer: People in hospitals or care homes who lack capacity to consent to their care arrangements.
DoLS is part of the Mental Capacity Act and is designed to protect vulnerable people in hospitals or care homes who are deprived of their liberty for their own safety, but who lack the mental capacity to consent to these arrangements. It ensures any such deprivation is lawful, necessary, and proportionate.
Free NMC-CBT Legal Frameworks, Consent, and Capacity Questions and Answers 1
For consent to be considered valid, it must be voluntary, informed, and which other key element?