Consent Lacking Capacity — MFDS Part 1 MCQ
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Correct answer: A — A health and welfare attorney may decide within the LPA's scope; otherwise the treating clinician makes a best-interests decision.
Explanation lettering: E = shown as B · B = shown as E
A is correct. A registered health and welfare LPA may authorise the attorney to make treatment decisions when the patient lacks capacity, subject to the LPA's scope and the requirement to act in the patient's best interests. If there is no authorised attorney, the treating clinician is normally the decision-maker and may provide dental treatment following a documented best-interests process; this is not proxy consent from a relative. Treatment should be delayed if capacity is likely to return and waiting is safe, but not invariably. Relatives should be consulted where appropriate but have no automatic authority. A property and financial affairs attorney cannot make healthcare decisions. An IMCA supports and represents an unbefriended patient in specified circumstances but does not provide consent or replace the clinical decision-maker.
Reference: Office of the Public Guardian. Making decisions: a guide for people who work in health and social care, sections 7, 9 and 10. Updated 19 May 2026. https://www.gov.uk/government/publications/health-and-social-care-workers-mental-capacity-act-decisions/making-decisions-about-your-health-welfare-or-finances