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Part B1 of 8 The Accountable Professional Chapter 17 of 75

Consent Questions: Adults, Capacity and Refusal

NMC CBT consent practice: what makes consent valid, a capacitous adult's right to refuse, implied consent, and worked scenario answers.

JobLabs Editorial
By JobLabs Editorial · UK healthcare reference editorial team
· · Updated · 2 min read

Consent runs through the whole of nursing practice, and the CBT tests it hard because it is where good intentions and the law can pull in different directions.

Consent is valid when three things are true at once:

  • The person has capacity to make the decision.
  • They have enough information to make it.
  • They give it voluntarily, without pressure.

Take away any one of the three and the consent is not valid, however firmly it was given or however neat the signed form looks.

Refusal is the hard part

The single most tested idea in this chapter is that a capacitous adult can refuse treatment, for any reason or none, even when refusal will harm or kill them. It feels wrong to a new nurse to stand back while someone declines care that would save them. But treating a capacitous adult against a valid refusal is unlawful. Your job is to make sure the decision is informed, then respect it and record it.

Family cannot overrule that refusal. Next-of-kin status carries no power to consent for, or against, a capacitous adult. Questions that offer “ask the family to decide” are almost always offering you the wrong answer.

A signed form proves a conversation happened. It does not create valid consent, and it does not lock the patient in. Consent can be withdrawn at any time, including in the anaesthetic room, as long as the person has capacity. A stem where someone changes their mind after signing is testing whether you know the signature does not bind them.

Consent is only informed if the person taking it can explain the procedure and answer questions about it. Being handed a form to get signed for something you cannot describe is a trap: the right action is to decline and let a competent colleague do it.

When an adult lacks capacity, the framework changes entirely, and that is the next chapter: the Mental Capacity Act. Five consent scenarios first.

Sources & further reading

  1. 1NHS — Consent to treatmentnhs.uk
  2. 2NMC — The Codenmc.org.uk
  3. 3GMC — Decision making and consentgmc-uk.org
Key takeaway from Consent Questions: Adults, Capacity and Refusal

Frequently asked questions

Can a patient refuse treatment that will save their life?
Yes. An adult with capacity can refuse any treatment, for any reason or none, even if the decision leads to their death. The refusal must be informed and voluntary. You cannot treat them against that decision, but you can make sure they understand the consequences.
Does consent have to be written?
No. Consent can be verbal, written or implied by behaviour, such as rolling up a sleeve for a blood pressure check. Written consent is a record that a discussion happened; it is not what makes consent valid. Capacity, information and voluntariness are.
Who can consent for an adult who lacks capacity?
No other adult can simply consent on their behalf unless they hold the legal authority to, such as a health and welfare lasting power of attorney or a court deputy. Otherwise care is given in the person's best interests under the Mental Capacity Act.

Check your understanding

5questions. Click an answer to see the explanation. Your score is saved on this device only.

  1. 1

    A patient with full capacity refuses a blood transfusion on religious grounds, understanding it may cost their life. What should the nurse do?

  2. 2

    A patient rolls up their sleeve when you approach with a blood pressure cuff. What type of consent is this?

  3. 3

    A patient signed a consent form last week but now says they have changed their mind and do not want the operation. What is the position?

  4. 4

    A doctor asks you to obtain consent for a procedure you do not fully understand and cannot explain. What should you do?

  5. 5

    A 40-year-old with capacity consents to surgery but says they do not want to hear about the risks. How should the nurse respond?

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