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Best interests (incapacity) — DIPIMC MCQ

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HardScene Safety and MedicolegalBest interests (incapacity)DIPIMCDipIMC

A confused, head-injured adult who lacks capacity is refusing assessment and trying to leave the scene. There is no advance decision and no valid refusal.

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Correct answer: C — Act in the patient's best interests under the emergency provisions, using the least restrictive necessary measures.

An adult who lacks capacity because of a head injury cannot give a valid refusal, so necessary assessment and treatment proceed in their best interests using the least restrictive option, including proportionate restraint where essential for safety. A refusal made without capacity is not legally binding. Care is not withheld pending a relative's consent in an emergency, because relatives cannot consent on behalf of an adult unless legally authorised.

Reference: Mental Capacity Act 2005