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

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?

Accepted Answer

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

Answer

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?

Accepted Answer

Children under the age of 16

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

Be open and honest with the patient or their advocate.

Answer

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.

(NMC CBT) Nursing and Midwifery Council Computer-Based Test Practice Test

(NMC CBT) Nursing and Midwifery Council Computer-Based Test Practice Test

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