Challenged Capacity Assessment Resolution — SCE Palliative Medicine MCQ
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Correct answer: E — Arrange a second capacity assessment by an independent clinician, as capacity can be challenged and reassessment may confirm or reverse the original conclusion
Explanation lettering: E = shown as A · C = shown as B · A = shown as C · B = shown as D · D = shown as E
Option D is correct. UK guidance under the Mental Capacity Act 2005 and its Code of Practice, reinforced by NICE NG108, states that when capacity is disputed between professionals, the matter should firstly be raised with the original assessor and a second opinion may be useful ([gov.uk](https://www.gov.uk/government/publications/health-and-social-care-workers-mental-capacity-act-decisions/making-decisions-about-your-health-welfare-or-finances?utm_source=openai)). Court referral (A) is premature, override by another specialty (B) is not lawful, transfusing regardless of capacity (C) breaches MCA and autonomy, and claiming the original assessment is final (E) ignores the procedural safeguards and dispute resolution pathways.
Reference: Making decisions: a guide for health and social care workers (GOV.UK), updated 19 May 2026; NICE NG108 “Decision‑making and mental capacity”, 2018, recommendations on dispute resolution, https://www.gov.uk/government/publications/health-and-social-care-workers-mental-capacity-act-decisions/making-decisions-about-your-health-welfare-or-finances