Question

A 40-year-old woman with learning disability comes to clinic with her carer. She has abdominal pain and may need surgery. She appears able to understand and retain information about the operation and its risks when explained slowly, but her carer insists she cannot consent and they should decide. According to the Mental Capacity Act principles as reflected in GMC guidance, what is your most appropriate approach?

Accepted Answer

Presume she has capacity, support her decision-making and only consider best-interests decisions if capacity is lacking

Answer

Assume she lacks capacity because she has a learning disability

Answer

Allow the carer to consent on her behalf

Answer

Apply to the court immediately without assessing capacity

Answer

Refuse to discuss the procedure with her directly

Practice question