A 81-year-old man has been admitted to hospital for 10 days following a hip fracture. He is waiting for a care package to be arranged before discharge...

Question

A 81-year-old man has been admitted to hospital for 10 days following a hip fracture. He is waiting for a care package to be arranged before discharge. He is in a hospital bed with bedrails up, and the ward door requires a code to exit. He has mild cognitive impairment and has not been assessed for capacity to consent to his current care arrangements. Under the Mental Capacity Act 2005, what is the MOST important legal concern about this patient's situation?

Accepted Answer

He may be being deprived of his liberty without proper authorisation

Answer

The bedrails should be removed as they constitute physical restraint

Answer

He should be discharged immediately as he is medically fit

Answer

A section under the Mental Health Act 1983 should be considered

Answer

His next of kin should sign a consent form for continued admission

uk-dgm MCQ (SBA): Deprivation of Liberty Safeguards in Hospital