FREE NMC-CBT Legal Frameworks, Consent, and Capacity Questions and Answers

Question 1

For consent to be considered valid, it must be voluntary, informed, and which other key element?

Accepted Answer

Given by a person with capacity

Answer

Written

Answer

Witnessed by a relative

Answer

Irreversible once given

Question 2

According to the Mental Capacity Act 2005, what is the first principle that must be applied when assessing a person's capacity?

Accepted Answer

A person must be assumed to have capacity unless it is established that they lack it.

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.

Answer

A person is not to be treated as unable to make a decision merely because they make an unwise decision.

Answer

Any act done for a person who lacks capacity must be in their best interests.

Question 3

The concept of 'Gillick competence' is used to assess the capacity of which patient group to consent to their own treatment?

Accepted Answer

Children under the age of 16

Answer

Adults who have fluctuating capacity

Answer

Elderly patients with early-stage dementia

Answer

Patients detained under the Mental Health Act

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?

Accepted Answer

Only when the patient has lost the mental capacity to make the specific decision.

Answer

At any time after the LPA is registered, if the patient agrees.

Answer

Only for decisions regarding life-sustaining treatment.

Answer

As soon as the patient is admitted to a hospital or care home.

Question 5

What does the professional 'Duty of Candour' primarily require healthcare professionals to do following a patient safety incident?

Accepted Answer

Be open and honest with the patient or their advocate.

Answer

Report the incident to their manager within 24 hours.

Answer

Complete a detailed incident report for legal purposes.

Answer

Offer financial compensation to the patient.

Question 6

The Deprivation of Liberty Safeguards (DoLS) are a legal framework designed to protect which specific group of individuals?

Accepted Answer

People in hospitals or care homes who lack capacity to consent to their care arrangements.

Answer

All patients admitted to an intensive care unit.

Answer

Individuals formally detained under the Mental Health Act.

Answer

Children under 16 whose parents refuse treatment on their behalf.