An 82-year-old man who lacks capacity and has no family or friends needs a decision about moving to a care home. Which safeguard applies?
Answer and explanation
Correct answer: B. Instruct an Independent Mental Capacity Advocate
- Step 1: The Mental Capacity Act creates a duty to involve an IMCA for serious medical treatment and accommodation decisions when no one appropriate can be consulted.
- Step 2: The IMCA represents his interests and supports the best-interests decision.
Answer
Instruct an Independent Mental Capacity Advocate.
Why not the others: Ask the care home owner to decide on his behalf: The care home has a conflict of interest. Ask a neighbour to sign the form: A neighbour has no legal status. Proceed with no consultation as he lacks capacity: Lack of capacity increases, not removes, the need to involve others.
Practise more Consent and capacity.
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