NMC-CBT Legal Frameworks, Consent, and Capacity Flashcards
7 cards from real NMC CBT practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 NMC-CBT Legal Frameworks, Consent, and Capacity flashcards as text
A patient with early dementia can make some but not all decisions independently. How should the nurse approach capacity assessment for different decisions?
Answer: Assess capacity separately for each individual decision as capacity is decision-specific
Under the MCA 2005, capacity is decision-specific and time-specific — a person may lack capacity for one decision while retaining it for another.
What is a Deprivation of Liberty Safeguard (DoLS) and when does it apply?
Answer: A legal authorisation required when a person who lacks capacity is deprived of their liberty in a care home or hospital
DoLS (now being replaced by LPS) provides legal authorisation for depriving a person lacking capacity of their liberty in a care home or hospital for their care or treatment.
A nurse is asked to witness a patient's signature on a consent form. What does witnessing a signature legally signify?
Answer: The witness confirms they saw the patient sign and the patient appeared to sign voluntarily
A witness signature only confirms that they observed the patient signing and that the patient appeared to do so voluntarily — it does not confirm capacity or understanding.
Under the NMC Standards, what is the nurse's responsibility regarding delegation of tasks to a healthcare assistant (HCA)?
Answer: The nurse retains accountability and must ensure the HCA is competent to perform the task safely
The delegating nurse retains professional accountability and must ensure the person they delegate to is competent to carry out the task safely.
A nurse suspects a child is being abused. What is the correct legal and professional framework to follow?
Answer: Follow local safeguarding procedures and refer to the safeguarding lead under the Children Act 1989
Under the Children Act 1989 and NMC guidance, safeguarding concerns must be referred through the appropriate safeguarding channels, overriding normal confidentiality requirements.
Which of the following scenarios represents an unlawful restraint under the Mental Capacity Act 2005?
Answer: Using physical restraint to administer necessary medication to an agitated patient who lacks capacity, when less restrictive options exist and have not been tried
Restraint is only lawful under the MCA if it is proportionate and necessary, and less restrictive alternatives must first be explored — using restraint without trying other options is unlawful.
A patient wants to leave hospital against medical advice. They are oriented, understand the risks, and demonstrate capacity. What should the nurse do?
Answer: Respect the patient's decision, document the discussion and risks explained, and arrange follow-up if possible
A capacitous adult has the right to self-discharge; the nurse should document that risks were explained, obtain a self-discharge form if possible, and arrange appropriate follow-up.