Question

A 68-year-old man with mild cognitive impairment refuses a recommended cataract operation after the risks and benefits are explained. He can describe the information, remember it and explain why he prefers to avoid surgery. According to the Mental Capacity Act, what is the most appropriate conclusion?

Accepted Answer

He has capacity and his decision should be respected

Answer

He lacks capacity because he is declining beneficial treatment

Answer

He lacks capacity due to his age

Answer

Capacity is irrelevant because surgery is low risk

Answer

You should proceed with surgery in his best interests despite his refusal

Practice question