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.
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.
Forms are records, not consent
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 Consent can be withdrawn at any time, including in the anaesthetic room, as long as the person has capacity.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.
Who can take consent
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
Frequently asked questions
Can a patient refuse treatment that will save their life?
Does consent have to be written?
Who can consent for an adult who lacks capacity?
Check your understanding
Quick quiz: Consent Questions: Adults, Capacity and Refusal
5questions. Click an answer to see the explanation. Your score is saved on this device only.
- 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
A patient rolls up their sleeve when you approach with a blood pressure cuff. What type of consent is this?
- 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
A doctor asks you to obtain consent for a procedure you do not fully understand and cannot explain. What should you do?
- 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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