A 83-year-old woman has been admitted to hospital following a fall. She has moderate dementia and the clinical team assesses that she lacks capacity t...

Question

A 83-year-old woman has been admitted to hospital following a fall. She has moderate dementia and the clinical team assesses that she lacks capacity to decide where she is discharged to. She has no LPA and no advance decision. Her estranged son arrives and demands that she be discharged home against the clinical team's recommendation, stating he is her 'next of kin.' Under the MCA 2005, what is the legal status of the 'next of kin' designation?

Accepted Answer

The concept of 'next of kin' has no legal decision-making authority under the MCA 2005 - it is a common misunderstanding; decisions must be made in the patient's best interests by the clinical team

Answer

Next of kin have full legal authority to make decisions on behalf of the patient

Answer

Next of kin can override the clinical team's decision in all cases

Answer

Next of kin must be consulted and their views always followed

Answer

Next of kin can discharge the patient from hospital at any time

uk-dgm MCQ (SBA): Next of Kin - No Legal Authority Under MCA