Mental Capacity Act — ORE Part 1 MCQ

Instant feedback + full explanation. One question, done properly.

HardBehavioural Sciences & EthicsMental Capacity ActORE Part 1

A 75-year-old patient with moderate dementia attends with a carer. Following a decision-specific assessment, the patient lacks capacity to consent to the proposed dental treatment. There is no registered health and welfare lasting power of attorney and no court-appointed deputy. Who should make the treatment decision in England?

Educational content. Not a substitute for clinical judgement or local policy.

Reveal the answer and explanation

Correct answer: A — The treating dentist, using the best-interests process

The treating dentist is the decision-maker for the proposed dental procedure and must act under the Mental Capacity Act 2005 best-interests framework. Capacity is decision- and time-specific; once lack of capacity is established, the dentist should involve the patient as far as possible, consider their wishes and values, consult relevant carers or relatives, and choose the least restrictive suitable option. A carer and next of kin may provide important information but have no automatic legal authority to consent. A practice manager has no decision-making role merely by virtue of that post. Court involvement is not routinely required for ordinary dental treatment; it is reserved for disputes, serious complexity, or matters requiring court determination. A valid health and welfare LPA could alter who makes a decision within its scope, but none exists here.

Reference: Office of the Public Guardian, Mental Capacity Act 2005 Code of Practice, paragraphs 5.1–5.3 and 5.8, 2007 (GOV.UK page last updated 14 October 2020), https://assets.publishing.service.gov.uk/media/5f6cc6138fa8f541f6763295/Mental-capacity-act-code-of-practice.pdf