A 78-year-old woman with dementia has been admitted with a hip fracture and needs surgery. Her son says, 'I am her next of kin so I consent'. He holds no lasting power of attorney. What is the position in England?
Answer and explanation
Correct answer: A. He cannot consent, but must be consulted on her best interests
- Step 1: In England and Wales no one can consent for an adult lacking capacity unless they hold a relevant lasting power of attorney or deputyship.
- Step 2: Clinicians decide in best interests under the Mental Capacity Act, consulting those close to the patient.
Answer
He cannot consent, but must be consulted on her best interests.
Why not the others: His signature as next of kin gives valid consent to the hip operation in England: Next of kin has no legal power of consent. Surgery cannot go ahead until she regains capacity, however long that may take: Waiting for capacity may be indefinitely harmful when treatment is needed. The hospital chaplain may sign the consent form on her behalf in these circumstances: A chaplain has no such role.
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